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Law And Practice of International Finance: Principles of International Insolvency
This book is one in a series of six works on international financial law which, taken together, are the successor to my Law and Practice of Inter¬national Finance which was published in 1980 and which was reprinted eight times. The works now cover a much broader range of subjects, with substantial additions in the fields of comparative law, insolvency, security, set-off, netting payments, and title finance, as well as specialist subjects like netting, securitisations and swaps and derivatives. But the works have the same objectives as the original book. However great a gap there may be between the aim and the actuality, the objectives I have sought to achieve are to be practical as well as academic, to provide both a theoretical guide and legal source-book as well as a practitioner's manual, to be international, to pro¬vide serious comparative law information, to get to the point as quickly as possible, to simplify the difficulties, to find the principles underlying the par¬ticularity, to inform, and, most of all, to be useful.rnThe six works are separate but they are nevertheless related. Together the books are intended to form a complete library for the international banking and financial lawyer, as well as for specialists in related areas such as insol¬vency, leasing, and ship and aircraft finance. The topics covered by each volume are summarised on the inside of the front cover.rnThese books offer what I hope is a fundamentally new approach to com-parative law in this area and, for the first time perhaps, provide the essential keys to an understanding of the world's jurisdictions, the keys to unlock the dark cupboard of financial law so that the light may shine in. These keys are not merely functional; they are also ethical and they are driven by history. The ideas are really quite simple, once discovered, but this should not obscure the difficulty of their application to the variety of circumstances. The core of the first book, entitled Comparative Financial Law, is a classifi¬cation and snap-shot of virtually all the jurisdictions in the world — more than 300 of them — according to various financial law criteria. These criteria are developed in succeeding books in the series and applied to particular transactions. I believe that this also is the first time that a classification of this type has been done in this detail; but it has to be done because compara¬tive law is no longer an academic luxury: it is a practical necessity if we are to have an orderly international legal regime.rn
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