Dalhuisen on Transnational Comparative, Commercial, Financial and Trade Law Volume 3

This is the fifth edition of the leading work on transnational and comparative commercial and financial law, covering a wide range of complex topics in the modern law of international commerce, finance and trade. As a guide for students and practitioners it has proven to be unrivalled. Since the fourth edition, the work has been divided into three volumes, each of which can be used independently or as part of the complete work.

Volume one covers the roots and foundations of private law; the different orientations and structure of civil and common law; the concept, forces, and theoretical basis of the transnationalisation of the law in the professional sphere; the autonomous sources of the new law merchant or modern lex mercatoria, its largely finance-driven impulses; and its relationship to domestic public policy and public order requirements.

Volume two deals with transnational contract, movable and intangible property law.

Volume three deals with financial products and financial services, with the structure and operation of modern commercial and investment banks, and with financial risk, stability and regulation, including the fall-out from the recent financial crisis and regulatory responses in the US and Europe.

All three volumes may be purchased separately or as a single set.

From the reviews of previous editions:
"...synthesizes and integrates diverse bodies of law into a coherent and accessible account...remarkable in its scope and depth. It stands alone in its field not only due to its comprehensive coverage, but also its original methodology. Although it appears to be a weighty tome, in fact, in light of its scope, it is very concise. While providing a wealth of intensely practical information, its heart is highly conceptual and very ambitious...likely to become a classic text in its field."
American Journal of Comparative Law
"Dalhuisen's style is relaxed...what he writes convinces without the need for an excess of references to sources...a highly valuable contribution to the legal literature. It adopts a useful, modern approach to teaching the young generation of lawyers how to deal with the increasing internationalisation of law. It is also helpful to the practising lawyer and to legislators."
Uniform Law Review/Revue de Droit Uniforme
"this is a big book, with big themes and an author with the necessary experience to back them up. ... Full of insights as to the theories that underlie the rules governing contract, property and security, it is an important contribution to the law of international commerce and finance."
Law Quarterly Review
"...presents a very different case: that of a civilized and cultivated cosmopolitan legal scholar, with a keen sense of international commercial and financial practice, with an in-depth grounding in both comparative legal history and comparative law, combined with the ability to transcend conventional English black-letter law description with critical judgment towards institutional wisdom and intellectual fashions. ...a wide-ranging, historically and comparatively very deep and comprehensive commentary, but which is also very contemporary and forward-looking on many or most of the issues relevant in modern transnational commercial, contract and financial transactions..."
International and Comparative Law Quarterly

This title is included in Bloomsbury Professional's International Arbitration online service.

Auteur

Jan H Dalhuisen is Professor of Law at King's College London and Chair in Transnational Financial Law at the Catholic University in Lisbon. He is Visiting Professor at the University of California at Berkeley and former Visiting Professor at the Tsinghua University in Beijing, the University of Hong Kong, the University of Singapore (NUS), Tel Aviv University, the University of New South Wales in Sydney, Australia, and the University of Utrecht in the Netherlands.

Contenu

Chapter 1: Financial Products and Services
Part I: Secured Transactions, Finance Sales and Other Financial Products and Services
1.1 Civil and Common Law Approaches. Credit Cultures and Transnationalisation
1.2 The Situation in the Netherlands
1.3 The Situation in France
1.4 The Situation in Germany
1.5 The Situation in the UK
1.6 The Situation in the USA
Part II: Financial Products and Funding Techniques. International and Regulatory Aspects
2.1 Finance Sales as Distinguished from Secured Transactions in Civil and Common Law: The Re-Characterisation Risk
2.2 Modern Security Interests: The Example of the Floating Charge
2.3 Receivable Financing and Factoring. The 1988 UNIDROIT Factoring Convention and the 2001 UNCITRAL Convention on the Assignment of Receivables in International Trade
2.4 Modern Finance Sales: The Example of the Finance Lease
2.5 Asset Securitisation and Credit Derivatives. Covered Bonds
2.6 Derivatives, Their Use and Transfers. The Operation of Derivatives Markets. Clearing and Settlement and the Function of Central Counterparties (CCPs)
2.7 Institutional Investment Management, Funds, Fund Management and Prime Brokerage
Part III: Payments, Modern Payment Methods and Systems. Set-off and Netting as Ways of Payment. International Payments. Money Laundering
3.1 Payments, Payment Systems. Money and Bank Accounts
3.2 The Principles and Importance of Set-off and Netting
3.3 Traditional Forms of International Payment
3.4 Money Laundering
Part IV: Security Entitlements and Their Transfers through Securities Accounts. Securities Repos
4.1 Investment Securities Entitlements and Their Transfers (Either Outright, Conditionally or as Security). Securities Shorting, Borrowing and Repledging. Clearing and Settlement of Investment Securities
4.2 Investment Securities Repos
Part V: Dispute Resolution in International Finance
5.1 Arbitration in International Finance. Comparison with the Role of Ordinary Courts. The Emergence of P.R.I.M.E. Finance
5.2 P.R.I.M.E. Finance
Chapter 2: Financial Risk, Financial Stability and the Role of Financial Regulation
Part I: Financial Services, Financial Service Providers, Financial Risk and Financial Regulation
1.1 Domestic and Cross-Border Financial Services. Regulatory Impact
1.2 The Essentials of Commercial Banking
1.3 The Essentials of the Investment Securities Business and its Regulation
Part II: International Aspects of Financial Services Regulation: the Effects of Globalisation and the Autonomy of the International Capital Markets. The Developments in GATT/WTO, the EU and BIS/IOSCO/IAIS
2.1 The Globalisation of the Financial Markets and the Informal Liberalisation of Finance
2.2 The Formal Regime for the Freeing of the Movement of Goods, Services, Current Payments and Capital after World War II
2.3 The Creation of the EEC and its Evolution into the EU
2.4 The Effects of Autonomous Globalisation Forces on Financial Activity and its Regulation in the EU
2.5 Developments in the BIS, IOSCO and IAIS. The International Harmonisation of the Capital Adequacy Regime (Basel I, II and III)
Part III: The EU Regulations and Directives Concerning the Internal Market in Financial Services: Early Action, the European Passport, the 1998 EU Action Plan for a Single Market in Financial Services, and Further Action Following the 2008 Financial Crisis
3.1 Early EU Concerns and Action in the Regulated Financial Service Industries
3.2 The Early EU Achievements in the Regulation of Financial Services
3.3 The European Passport
3.4 The 1998 EU Action Plan for Financial Services
3.5 The Details of the Third Generation Directives and their Revamping under the 1998 Action Plan
3.6 Other EU Regulatory Initiatives in the Financial Area
3.7 The EU during and after the Financial Storm