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2009

Banking and Finance Law

Articles & Book Chapters

Articles 1 - 5 of 5

Full-Text Articles in Law

The Medieval Hawale: The Legal Nature Of The Suftaj And Other Islamic Payment Instruments, Benjamin Geva Jan 2009

The Medieval Hawale: The Legal Nature Of The Suftaj And Other Islamic Payment Instruments, Benjamin Geva

Articles & Book Chapters

By the middle of the eighth century CE the Arabs established their dominion from the Atlantic Ocean to west of the Persian Gulf. In the process, they spread Islam and established Islamic law as the law of the land throughout this entire vast territory. Until the rise of the Turkish Ottoman Empire between the 13th the 16th centuries CE, that territory included North Africa (both Egypt and the Maghreb), Israel/Palestine, Lebanon, Syria, Iraq and Arabia. The era of the pre-Ottoman Arab domination of those lands roughly coincides with the Middle Ages. During that time, centres of economic and financial activity …


Payment Transactions Under The Eu Payment Services Directive: A U.S. Comparative Perspective, Benjamin Geva Jan 2009

Payment Transactions Under The Eu Payment Services Directive: A U.S. Comparative Perspective, Benjamin Geva

Articles & Book Chapters

This article endeavours to analyse the provisions of Title IV governing rights and obligations in relation to the provision and use of payment services. Analysis is particularly from a US comparative perspective. Attention will be given to Uniform Commercial Code ("UCC") Article 4A, which governs U.S. wire and other credit transfers as well as federal laws governing consumer retail payment systems. A broader but related objective of the article is the assessment of the contribution of Title IV to the harmonization of funds transfer and payment law, not only by comparison to the U.S., but also by reference to a …


Keeping Ethical Investment Ethical: Regulatory Issues For Investing For Sustainability, Benjamin J. Richardson Jan 2009

Keeping Ethical Investment Ethical: Regulatory Issues For Investing For Sustainability, Benjamin J. Richardson

Articles & Book Chapters

Regulation must target the financial sector, which often funds and profits from environmentally unsustainable development. In an era of global financial markets, the financial sector has a crucial impact on the state of the environment. The long-standing movement for ethically and socially responsible investment (SRI) has recently begun to advocate environmental standards for financiers. While this movement is gaining more adherents, it has increasingly justified responsible financing as a path to be prosperous, rather than virtuous. This trend partly owes to how financial institutions view their legal responsibilities. The business case motivations that now predominantly drive SRI are not sufficient …


Overview Article, Stephanie Ben-Ishai, Tony Duggan Jan 2009

Overview Article, Stephanie Ben-Ishai, Tony Duggan

Articles & Book Chapters

No abstract provided.


Bank Bankruptcy In Canada: A Comparative Perspective, Stephanie Ben-Ishai Jan 2009

Bank Bankruptcy In Canada: A Comparative Perspective, Stephanie Ben-Ishai

Articles & Book Chapters

During the Great Depression (1930-1933), over 9,000 banks failed in the United States, while not a single bank failed in Canada. In fact, there have been relatively few instances of bank bankruptcy proceedings in Canada from 1867 to present. Approximately eleven bank bankruptcies have been referenced in the case law to date. The first bank bankruptcy appears to be the Bank of Prince Edward Island (1882). Next came the Exchange Bank of Canada (1883), [FN3] followed by the Maritime Bank (1887), the Central Bank of Canada (1887), La Banque Ville Marie (1899), the Farmers Bank of Canada (1910), the Monarch …