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This book focuses on international harmonisation and the law of
secured transactions by distilling and analysing the unifying
principles of various significant international conventions and
instruments such as the UN Convention on the Assignment of
Receivables, the Unidroit Convention on International Factoring,
the EBRD Model Law on Secured Transactions, the Unidroit Convention
on the International Interests in Mobile Equipment and the UNCITRAL
Legislative Guide on Secured Transactions. International secured
transactions conventions and instruments facilitate credit and
promote economic activity through the creation of harmonised rules.
Therefore, given the increasing globalisation of markets,
international reform efforts for the harmonised modernisation of
secured transactions law have gained pace over recent years.
International Secured Transactions Law draws on experiences in both
English and US laws in order to identify and illustrate the
existing problems that need to be addressed, as well as identify
potential solutions. International Secured Transactions Law will be
of interest to scholars, students interested in international
commercial law, corporate law or comparative secured transactions,
and practitioners involved in international commercial
transactions.
This book focuses on international harmonisation and the law of
secured transactions by distilling and analysing the unifying
principles of various significant international conventions and
instruments such as the UN Convention on the Assignment of
Receivables, the Unidroit Convention on International Factoring,
the EBRD Model Law on Secured Transactions, the Unidroit Convention
on the International Interests in Mobile Equipment and the UNCITRAL
Legislative Guide on Secured Transactions. International secured
transactions conventions and instruments facilitate credit and
promote economic activity through the creation of harmonised rules.
Therefore, given the increasing globalisation of markets,
international reform efforts for the harmonised modernisation of
secured transactions law have gained pace over recent years.
International Secured Transactions Law draws on experiences in both
English and US laws in order to identify and illustrate the
existing problems that need to be addressed, as well as identify
potential solutions. International Secured Transactions Law will be
of interest to scholars, students interested in international
commercial law, corporate law or comparative secured transactions,
and practitioners involved in international commercial
transactions.
The depositor run on the Northern Rock bank in September 2007,
which led to the bank's subsequent nationalization was the first
run on a UK bank for nearly 150 years and was a seminal moment in
the unfolding global financial crisis.This book provides a detailed
legal analysis of the role played by financial law and regulation
during this event, and the impact the episode made on the law. The
contributors to the book explore and elaborate upon the legal
technique of securitization, and how Northern Rock itself created
and employed securitized financial assets. There is also in-depth
discussion and analysis of the origin of the problems experienced
in the wholesale interbank markets surrounding the Northern Rock
crisis. Chapters focus on risk-based financial regulation,
depositor protection, and bank rescue and resolution mechanisms in
the UK before and after the Northern Rock crisis. State aid
implications of the nationalization of Northern Rock, and the
future of financial regulation are also considered. This timely new
book will appeal to academics, postgraduate and undergraduate
students in law and business schools as well as practitioners,
regulators and lawmakers. Contributors include: O. Akseli, A.
Campbell, F. De Cecco, J. Gray, J. Hamilton Contents: Introduction;
1. Securitisation: Was Securitisation the Culprit?; 2. Risk-based
Financial Regulation Before and After Northern Rock; 3. Depositor
Protection in the UK Before and After the Run on Northern Rock; 4.
Bank Rescue Mechanisms in the UK: Before and After Northern Rock;
5. State Aid Implications of the Nationalisation of Northern Rock
Secured transactions law has been subjected to a close scrutiny
over the last two decades. One of the main reasons for this is the
importance of availability of credit and the consequent need to
reform collateral laws in order to improve access to finance. The
ability to give security effectively influences not only the cost
of credit but also, in some cases, whether credit will be available
at all. This requires rules that are transparent and readily
accessible to non-lawyers as well as rules that recognise the needs
of small and medium-sized enterprises. This book critically engages
with the challenges posed by inefficient secured credit laws. It
offers a comparative analysis of the reasons and the needs for a
secured transactions law reform, as well as discussion of the steps
taken in many common law, civil law and mixed law jurisdictions.
The book, written under the auspices of the Secured Transactions
Law Reform Project, informs the debate about reform and advances
novel arguments written by world renowned experts that will build
upon the existing literature, and as such will be of interest to
academics, legal practitioners and the judiciary involved in
secured transactions law around the world. The text considers
reform initiatives that have taken place up to the end of April
2016. It has not been possible to incorporate events since then
into the discussion. However, notable developments include the
banks decree passed by the Italian Government on 29th June 2016,
and the adoption of the Model Law on Secured Transactions by
UNCITRAL on 1st July 2016.
The law of secured transactions has seen dramatic changes in the
last decade. International organisations, particularly the United
Nations Commission on International Trade Law (UNCITRAL), have been
working towards the creation of international legal standards aimed
at the modernisation and harmonisation of secured financing laws
(eg, the United Nations Convention on the Assignment of Receivables
in International Trade, the UNCITRAL Legislative Guide on Secured
Transactions and its Intellectual Property Supplement, the UNCITRAL
Guide on the Implementation of a Security Rights Registry and the
UNCITRAL Model Law on Secured Transactions). The overall theme of
this book is international (or cross-border) secured transactions
law. It assembles contributions from some of the most authoritative
academic voices on secured financing law. This publication will be
of interest to those involved in secured transactions around the
world, including policy-makers, practitioners, judges, arbitrators
and academics.
The reform of commercial law through harmonisation, unification,
codification and other means remains one of the most important
projects in developing the institutional architecture for the
global economy. This edited collection engages with the challenges
and contributes to a greater understanding of the problems faced by
states, international organisations, and private sector actors in
this ongoing reform project for commercial law. The volume takes
stock of the project to date and looks towards a restructuring of
the agenda to deal with new challenges. The primary aim of the
collection is to understand the future of commercial law reform in
a way that offers ideas and strategies for innovation as well as in
methodologies for project selection and evaluation. In so doing,
the collection informs the debate on the global reform of
commercial law and will be of interest not only to academics, but
also to those involved in the reform of commercial law around the
world. The volume collects papers presented at the UK Society of
Legal Scholars Annual Seminar 2017.
The law of secured transactions has seen dramatic changes in the
last decade. International organisations, particularly the United
Nations Commission on International Trade Law (UNCITRAL), have been
working towards the creation of international legal standards aimed
at the modernisation and harmonisation of secured financing laws
(eg, the United Nations Convention on the Assignment of Receivables
in International Trade, the UNCITRAL Legislative Guide on Secured
Transactions and its Intellectual Property Supplement, the UNCITRAL
Guide on the Implementation of a Security Rights Registry and the
UNCITRAL Model Law on Secured Transactions). The overall theme of
this book is international (or cross-border) secured transactions
law. It assembles contributions from some of the most authoritative
academic voices on secured financing law. This publication will be
of interest to those involved in secured transactions around the
world, including policy-makers, practitioners, judges, arbitrators
and academics.
Secured transactions law has been subjected to a close scrutiny
over the last two decades. One of the main reasons for this is the
importance of availability of credit and the consequent need to
reform collateral laws in order to improve access to finance. The
ability to give security effectively influences not only the cost
of credit but also, in some cases, whether credit will be available
at all. This requires rules that are transparent and readily
accessible to non-lawyers as well as rules that recognise the needs
of small and medium-sized enterprises. This book critically engages
with the challenges posed by inefficient secured credit laws. It
offers a comparative analysis of the reasons and the needs for a
secured transactions law reform, as well as discussion of the steps
taken in many common law, civil law and mixed law jurisdictions.
The book, written under the auspices of the Secured Transactions
Law Reform Project, informs the debate about reform and advances
novel arguments written by world renowned experts that will build
upon the existing literature, and as such will be of interest to
academics, legal practitioners and the judiciary involved in
secured transactions law around the world. The text considers
reform initiatives that have taken place up to the end of April
2016. It has not been possible to incorporate events since then
into the discussion. However, notable developments include the
banks decree passed by the Italian Government on 29th June 2016,
and the adoption of the Model Law on Secured Transactions by
UNCITRAL on 1st July 2016.
In the light of the financial crisis, it has become clear that the
globalisation of financial markets has not been matched by the
globalisation of legal certainty relating to financial
transactions. The ability to give security influences not only the
cost of credit but also, in some cases, whether credit will be
available at all. Increasing the availability and lowering the cost
of credit can make an important contribution to international and
domestic economic development. Assessing the international
challenges posed by inefficient secured credit laws, this book
explores how these can be overcome to facilitate credit through
legal reforms. Leading authorities in the field address the key
issues surrounding the availability of credit, the role of banks in
economic development and financial crises, UNCITRAL's legislative
efforts, and international organisations and financial institutions
and their involvement in the reform of secured transactions law.
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