A clear guide to the foundations of international financial law, this book provides students with an authoritative understanding of the principles and concepts that underpin this conceptually complex area of law. It explains the reasoning of pivotal court decisions and enables students to predict the future approach of courts for themselves, in cases where there are no precedents in place as well as in more settled areas.
An understanding of these principles is essential for lawyers dealing with international financial transactions. The key question they face in practice is, If the operation of this transaction goes wrong and the matter comes before a court, what will the judge do?’ To be able to answer this, financial lawyers have to understand not only the applicable rules but also the concepts and principles underlying them. Often they cannot simply apply the rules found in a textbook. They must start from the principles and build on these. This book provides this foundation, including valuable knowledge about the practice of international financial law as well as the concepts behind it.
The principles discussed in the book are relevant not only in England. They are equally important in other common law financial centres including New York, Hong Kong, Singapore, and Sydney. This book also looks at the distinction of legal concepts between civil and common law and provides a crucial understanding of concepts that are relevant to other jurisdictions.