Module SXL-4005:
International Banking Law

Module Facts

Run by School of Law

20 Credits or 10 ECTS Credits

Semester 2

Organiser: Dr Mark Hyland

Overall aims and purpose

The aim of this module is to enable students to understand the legal aspects of UK and International Banking Law. The module will be taught taking into account the general economic and philosophical underpinning of international banking regulation. Attention will be paid to the many significant changes that affected UK Banking Law during and after the credit crunch. Students will be introduced to the new banking regulatory bodies established in the wake of the credit crunch. Some of the more practical aspects of banking such as banking products, loan agreements and loan agreement term sheets, security, guarantees, restructurings and insolvencies, alternative lending, asset based finance and crowd funding will also be covered.

Course content

This module will provide students with a sound understanding of the law and practice of modern international banking. It will examine the legal framework of international banking and related legal issues and consider current trends in international and UK banking. There will be analysis of the regulation and prudential supervision of banks in the UK and EU. Some of the more practical aspects of banking law, both domestic and international, will be examined. There are, for instance, banking products; the drafting and negotiation of Loan Agreements; Security and the different types of security that can be taken (fixed charges, floating charges, factoring, leasing etc); how security works; in an international context with multi-national business and assets located in different jurisdictions; Group structures and guarantees, full analysis of a loan agreement; secured lending structures; restructurings and insolvencies; alternative lending (equity and mezzanine structures), trading of loans, asset based finance and crowd funding. A selection of the following themes will also be treated: capital adequacy; Market Abuse Directive (MAD I & II) and Market Abuse Regulation (MAR); and, MiFID and MiFID 2.

Assessment Criteria

excellent

Displays mastery of a complex and specialized area of knowledge and skills, employing advanced skills to conduct research. Excellent work in this module will contain the qualities recognized in good work, but will show them in a more consistent way, and at all points. It will demonstrate a systematic knowledge and understanding of current issues in this field of study. It shows a critical awareness of current problems, much of which is at the forefront of this academic discipline. Work at this level shows a comprehensive understanding of techniques applicable to the student’s own research or to advanced scholarship. It shows throughout an ability to apply knowledge in an original way, and to use established techniques of research and enquiry to create and interpret knowledge in the discipline. The conceptual understanding evidenced in the work indicates that the student can critically evaluate advanced scholarship in the discipline, and do so in a consistent manner. The work shows an ability to evaluate methodologies and develop critiques of them, and, where, appropriate, propose hypotheses.

threshold

Displays ability within a specialized area of knowledge and skills, employing appropriate skills to conduct research. Work at threshold quality demonstrates an adequate knowledge and understanding of current issues in this field of study. It shows a critical awareness of current problems, some of which is informed by thinking at the forefront of the academic discipline. Work at this level shows a developing understanding of techniques applicable to the student’s own research. It shows an ability of apply knowledge in an original way, and to use established techniques of research and enquiry to interpret knowledge in the discipline. The conceptual understanding evidenced by the work indicates that the student can evaluate scholarship in the field.

good

Displays accomplished ability within a specialized area of knowledge and skills, employing good quality skills to conduct research. Good work in this module will demonstrate a systematic knowledge and understanding of current issues in this field of study. It shows a critical awareness of current problems, much of which is at, or informed by thinking at, the forefront of the academic discipline. Work at this level shows a comprehensive understanding of techniques applicable to the student’s own research. It shows an ability to apply knowledge in an original way, and to use established techniques of research and enquiry to create and interpret knowledge in the discipline. The conceptual understanding evidenced in the work indicates that the student can evaluate advanced scholarship in the discipline. The work shows an ability to evaluate methodologies and develop critiques of them, and, where, appropriate, propose hypotheses.

Learning outcomes

  1. Identify and analyse laws, treaties, agreements and political conventions governing international banking law.

  2. Identify the major functions of banks in an international arena and recent topical changes to banking structure.

  3. Show a sound understanding of regulation and prudential supervision of banks inthe UK and EU, with emphasis on capital adequacy and assessment of banking risks and the use of prudential techniques in risk management.

  4. Demonstrate an intense knowledge of the role of international banks, supranational bodies and international capital markets (focusing on international bond issues) and markets for foreign exchange.

  5. Critically develop an appreciation of recent legal developments pertinent to the international banking environment, in particular UK and EU anti-money laundering provisions;

  6. Demonstrate an understanding of the legal pitfalls in each of the key legal regimes analysed, and consider whether they can be resolved in an international context.

  7. Show an intensive knowledge of the broader issues affecting international banking, in particular banking and matters of environmental and social responsibility

  8. Understand the main rules and principles operating in the area of Capital Markets Law.

  9. Be aware of the different theoretical approaches adopted in different countries to similar legal issues and problems.

  10. Formulate, investigate and refine suggestions for the development and/or reform of the existing law.

Assessment Methods

Type Name Description Weight
Written assignment 100

Teaching and Learning Strategy

Hours
Seminar

The module will consist of 11 x 2-hour seminars, for which students will be expected to have prepared essential reading together with such written and other work as shall be required. Students will be required to discuss the reading matter, make their own presentations and discuss those of others, together with arguments and questions from the seminar leader. Further reading will be recommended after each seminar to progress yet further the students’ knowledge and skills.

22
Private study 178

Transferable skills

  • Literacy - Proficiency in reading and writing through a variety of media
  • Self-Management - Able to work unsupervised in an efficient, punctual and structured manner. To examine the outcomes of tasks and events, and judge levels of quality and importance
  • Exploring - Able to investigate, research and consider alternatives
  • Information retrieval - Able to access different and multiple sources of information
  • Inter-personal - Able to question, actively listen, examine given answers and interact sensitevely with others
  • Critical analysis & Problem Solving - Able to deconstruct and analyse problems or complex situations. To find solutions to problems through analyses and exploration of all possibilities using appropriate methods, rescources and creativity.
  • Presentation - Able to clearly present information and explanations to an audience. Through the written or oral mode of communication accurately and concisely.
  • Teamwork - Able to constructively cooperate with others on a common task, and/or be part of a day-to-day working team
  • Mentoring - Able to support, help, guide, inspire and/or coach others
  • Management - Able to utilise, coordinate and control resources (human, physical and/or financial)
  • Argument - Able to put forward, debate and justify an opinion or a course of action, with an individual or in a wider group setting
  • Self-awareness & Reflectivity - Having an awareness of your own strengths, weaknesses, aims and objectives. Able to regularly review, evaluate and reflect upon the performance of yourself and others
  • Leadership - Able to lead and manage, develop action plans and objectives, offer guidance and direction to others, and cope with the related pressures such authority can result in

Subject specific skills

  • Demonstrate knowledge and understanding of advanced level theories concerning Law & Banking. Candidates will develop special research skills (via the Legal Research module) and critical thinking across a range of Law & Banking areas and an understanding of the complex context in which lawyers and banking personnel in this inter-disciplinary area work, and are faced with.
  • demonstrate the ability to work with others in a team to achieve reasoned, critical, comparative perspectives upon legal questions.
  • demonstrate the ability to work with others in a team to achieve reasoned, critical, comparative perspectives upon legal questions.
  • present reasoned, critical, comparative responses to the views of others on legal subjects within a Welsh, United Kingdom, European and/or global context;
  • present reasoned, critical, comparative responses to the views of others on legal subjects within a Welsh, United Kingdom, European and/or global context;
  • present to others from a specialist or non-specialist background, reasoned, critical, comparative presentations relating to legal subjects within a Welsh, United Kingdom, European and/or global context;
  • present to others from a specialist or non-specialist background, reasoned, critical, comparative presentations relating to legal subjects within a Welsh, United Kingdom, European and/or global context;
  • write sustained critical expositions of any given area of the legal subjects studied and present the findings clearly, logically and coherently;
  • write sustained critical expositions of the legal subjects studied in International, Commercial and Business Law and present the findings clearly, logically and coherently;

Resources

Courses including this module

Optional in courses: