Overview

"This thoroughly revised and updated new edition provides a practical guide for banks and their lawyers in respect of their regulatory responsibilities, their private law duties, their liabilities to third parties, and their obligations to assist persons seeking the recovery of assets (including regulatory bodies within and without the jurisdiction) as they relate to ""tainted money"". It also sets the law in its national and international policy context and pays particular attention to the international sources of the relevant law. It draws on the expertise of civil and criminal practitioners, public international lawyers, and overseas (in particular US) lawyers. The second edition addresses recent practice under the main international conventions, including the Sixth Session of the Conference of the Parties to the UN Convention against Transnational Organized Crime (October 2012) and the Fifth Session of the Conference of States Parties to the UN Convention against Corruption (November 2013). UN Security Council Resolutions, in particular resolution 1904 of 17 December 2009 which established the delisting ombudsperson (in response to criticism by national courts), have been considered.The book considers the work of international bodies such as the Financial Action Task Force and new primary legislation at domestic and European level, including the Fourth Money Laundering Directive. Additionally, decisions of the European Court of Human Rights, the Court of Justice of the European Union and national courts are analysed and explained. It also provides a further assessment of the extent to which there has emerged an international law of tainted money to complement the emergence of an international financial system. In a concluding chapter, it gives an overview of the emerging response of courts and regulators (national, EU, and international) to the challenges presented by new technologies such as Bitcoin and other virtual currencies."

Full Product Details

Author:   William Blair (High Court Judge, High Court Judge, Courts and Tribunals Judiciary, Queen's Bench Division) ,  Richard Brent (Barrister, Barrister, 3 Verulam Buildings) ,  Tom Grant (Senior Research Fellow, Senior Research Fellow, Faculty of Law, University of Cambridge)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Edition:   2nd Revised edition
Dimensions:   Width: 17.50cm , Height: 4.00cm , Length: 24.90cm
Weight:   1.274kg
ISBN:  

9780198716587

ISBN 10:   0198716583
Pages:   644
Publication Date:   26 January 2017
Audience:   College/higher education ,  Professional and scholarly ,  Postgraduate, Research & Scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print  
This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us.

Table of Contents

I The International Law of Tainted Money 1: Tom Grant & Richard Brent: General Introduction: Some Problems Relating to the Role of International Law 2: Cheong-Ann Png: International legal sources I - the United Nations Conventions 3: Cheong-Ann Png: International Legal Sources II - The United Nations Security Council Resolutions 4: Cheong-Ann Png: International Legal Sources III - FATF Recommendations 5: Antonios Tzanakopoulos: International Legal Sources IV - the European Union and The Council of Europe 6: Tom Grant: International Legal Sources IV - The European Union and The Council of Europe II Public Obligations and Regulatory Responsibilities A. Offences 7: Rudi Fortson: Money Laundering Offences Under POCA 2002 8: Rudi Fortson: The Terrorism Acts and Conspiracy B. Sanctions and Regulatory Responsibilities 9: Antonios Tzanakopoulos: UK Sanctions regimes 10: Richard Brent: Regulatory Responsibilities III The Professions and Financial Crime 11: David Kirk and Andrew Thornton-Dibb: The Professions and Financial Crime IV The Private Law of Financial Crime 12: James Evans: Claims Arising under UK Private Law V Financial Crime and Private International Law 13: Zachary Douglas & Andrew Bodnar: Financial Wrong-Doing and Private International Law 14: Zachary Douglas & Andrew Bodnar: Money Had and Received 15: Zachary Douglas & Andrew Bodnar: Knowing Receipt 16: Zachary Douglas & Andrew Bodnar: Dishonest Assistance 17: Zachary Douglas & Andrew Bodnar: Deceit 18: Zachary Douglas & Andrew Bodnar: Conspiracy VI Providing and Obtaining Assistance A.Providing Assistance 19: Jonathan Peddie: Investigations and Remedies under POCA 2002 20: Jonathan Peddie: Anti-Terrorism Legislation B. Obtaining Assistance 21: Jonathan Peddie: Judicial Cooperation Including Obtaining Evidence VII United States-United Kingdom Issues 22: D. Zachary Hudson: Cooperation between the United States and the United Kingdom in the Prevention and Prosecution of Financial Crime 23: Viet D. Dinh & Megan M. Wold: Extraterritorial Application of U.S. Law VIII Conclusion: Virtual Money 24: Kay Firth-Butterfield, Richard Brent, & Tom Grant: The Future of Financial Crime: Virtual Currencies, Artificial Intelligence, and Emerging Legal Questions

Reviews

Review from previous edition This work is a collecion of essays...from nine distinguished authors who, drawn from the commercial and public law Bar and the banking industry, share several lifetimes' worth of practical experience and insight into this ever more complex, multi-layered and fast-moving area of law. It is welcome for that reason alone. Professor Joanna Gray, Journal of Business Law The book succeeds as a comprehensive and sometimes thought-provoking guide to a difficult and multi-faceted topic. Professor Joanna Gray, Journal of Business Law This book is easily one of the most useful additions to the emerging literature on tainted money. The Commonwealth Lawyer A thorough and well-researched resource for law libraries with collections on international banking, particularly those that deal with the UK or other European nations. Jim Kelly, Access Services Research Librarian, Vanderbilt University, Nashville, TN

Author Information

The Hon. Mr Justice Blair is a High Court Judge, a nominated judge in the Commercial Court and Judge in charge of the Commercial Court. Before his appointment in 2008 he worked as a leading barrister specialising in the law of domestic and international banking and finance, including financial fraud and conflicts of law. He is a visiting Professor of Law at the London School of Economics. Richard Brent is a barrister at 3 Verulam Buildings specializing in commercial law, in particular banking and insurance law and their international and EU law aspects. He is a former Fellow of St John's College, Cambridge and a F.R.Hist.S. Dr Tom Grant is a Research Fellow of the Lauterpacht Centre for International Law, Cambridge, and a practising public international lawyer, whose interests include State immunity, State succession, international investment protection, international organizations, use of force under international law, comparative constitutional law, diplomatic history, and technology and the law. He is admitted to the bars of Massachusetts, New York and the District of Columbia.

Tab Content 6

Author Website:  

Customer Reviews

Recent Reviews

No review item found!

Add your own review!

Countries Available

All regions