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The Role Of Offshore Jurisdictions In The Development Of The International Trust, David Brownbill
The Role Of Offshore Jurisdictions In The Development Of The International Trust, David Brownbill
Vanderbilt Journal of Transnational Law
The trust is a common law invention, the product of experience over many years. But the more it is reduced to legislation, the more formalistic it becomes, and the less able it will be to respond to new situations and challenges. The quasi-code approach--and, to a much lesser extent, the targeted approach--also results in a fragmenting of the trust law. The trust has benefited immensely from the relative uniformity of most general principles throughout the Commonwealth and other common law countries. This has enabled developments, in the form of judicial pronouncements, in one country to be freely adopted in others. …
Recent Developments In Anti-Money Laundering And Related Litigation Traps For The Unwary In International Trust Matters, Bruce Zagaris
Recent Developments In Anti-Money Laundering And Related Litigation Traps For The Unwary In International Trust Matters, Bruce Zagaris
Vanderbilt Journal of Transnational Law
In 1998, governments and international organizations continued their active efforts to increase regulatory and criminal enforcement of various laws to stem the tide of transnational crime. These efforts were reflected in the criminalization of various business and financial transactions, the imposition of new due diligence measures on the private sector and the concomitant weakening of privacy and confidentiality laws, strengthened penalties for non-compliance with regulatory efforts, and new law enforcement techniques, such as undercover sting operations, wiretapping, expanded powers to search homes and businesses, and controlled deliveries. So obtrusive are many of the law enforcement techniques and the privatization of …
Symposium: The Rise Of The International Trust, Jeffrey Schoenblum
Symposium: The Rise Of The International Trust, Jeffrey Schoenblum
Vanderbilt Law School Faculty Publications
The international trust, the subject of the Symposium, is experiencing an extraordinary reception worldwide. It is being utilized by individuals from countries with legal cultures that traditionally have not known this form of ownership. In fact, there is no formal legal construct known as the "international trust." Rather, the term as used in the Symposium and as used herein, is intended as an organizing principle to explore the various implications of trusts with international or transborder linkages. The focus is on private trusts, those utilized to manage the wealth of individuals and their families, although much of the discussion pertains …