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Principles of International Financial Law

Colin Bamford, (Oxford, Oxford University Press 2011), xvii + 364 pp., ISBN 978-0-19-958931-9

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References

  • Colin Bamford, Principles of International Financial Law (Oxford, Oxford University Press 2011), xvii + 364 pp., ISBN 978-0-19-958931-9 doi:10.1017/S1566752912000195

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References

  1. On the school of law and economics, see R. Posner, Economic Analysis of Law, 8th edn. (New York, Aspen Publishers 2010).

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  2. A Kaldor-Hicks efficient allocation is an allocation of resources that makes at least one person better off and at least one person worse off provided that those who have been made better off can, but are not required to, compensate those who have been made worse off and still be better off (‘Potential Compensation Condition’). Obviously, the Potential Compensation Condition does not require actual compensation of those who have been made worse off by those who have been made better off (N. Kaldor, ‘Welfare Propositions of Economics and Interpersonal Comparisons of Utility’, 49 Economic Journal (1939) pp. 549–552; J.R. Hicks, ‘The Foundations of Economic Welfare’, 49 Economic Journal (1939) pp. 696–712).

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  3. Murad and another v. Al-saraj and another, [2004] EWHC 1235 (ch). See also Lloyds Bank Ltd v. Bundy, [1975] 1 QB 326.

  4. Study on Investment Advisers and Broker-Dealers, prepared by the staff of the US Securities and Exchange Commission (January 2011), available at: <http://www.sec.gov/news/studies/2011/913studyfinal.pdf> (last accessed on 11.1.2012).

  5. Art. 1156 of the French Civil Code (Code Civil) of 1804.

  6. Some argue that, in practice, the objective and subjective methods of interpretation would result in similar interpretations, see W. Barnes, ‘The French Subjective Theory of Contract: Separating Theory from Reality’, 83 Tulane Law Review (2008) pp. 389–390.

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  7. E.g., see W.E. Hiller and G.R. Peck, ‘Interpreting Ambiguities in Loan Documents’, 19 Commercial Lending Review (2004) pp. 21–25.

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  8. For instance, in chapter 2 on money, the author does not cite the leading authority on the topic, i.e., C. Proctor, Mann on the Legal Aspect of Money, 6th edn. (Oxford, Oxford University Press 2006), although he discusses identical issues.

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  9. C. Brummer, ‘How International Financial Law Works (and How It Doesn’t)’, 99 Georgetown Law Journal (2011) p. 260.

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  10. Disagreeing, P. Sebastianutti, ‘What Is the Thing Called International Financial Law?’, 3 Law and Financial Markets Review (2009) pp. 70–71.

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  11. For instance, under French law, there are different sources of personal rights, such as contract, tort and unjust enrichment, whereas property rights, such as the right of ownership, may arise from legal sources such as sale contracts or prescription.

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Aldegwy, M.S. Principles of International Financial Law. Eur Bus Org Law Rev 13, 281–286 (2012). https://doi.org/10.1017/S1566752912000195

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