This advanced program provides a comprehensive analysis of the evolving market practices and legal framework governing different forms of assets and money. Covering a broad spectrum from ‘traditional’ money and securities to the realms of virtual currencies and stablecoins, the course offers a deep dive into the law of the complex world of modern financial instruments.
Uniquely, the approach taken in this course transcends jurisdictional boundaries, adopting a functional and comparative methodology. Its global perspective ensures that the principles and legal axioms explored are universally applicable, allowing for seamless transposition into different legal systems and contexts.
The course examines the numerous design choices inherent in these contemporary financial products. By scrutinizing these options through the lens of international law, participants will gain critical insights into the legal considerations shaping the future of finance.
Ideal for professionals and academics seeking to deepen their understanding of the legal dimensions of today's financial markets, this course equips participants with the knowledge to navigate and influence the evolving landscape of financial law.
The teaching method is a combination of case study work and lectures. The course programme comprises the following 10 sessions.
- Commercial law as building block of finance and financial services
- The economic functions and legal framework for different forms of ‘money’
- Holding and disposition of financial instruments: substantive law
- Holding and disposition of financial instruments: conflict of laws
- Tokenised securities – traditional and modern legal approaches
- Legal design choices for ‘stablecoins’, tokenised ‘real-world’ assets and NFTs
- Smart contracts: settlement functions and legal framing
- Crypto-assets in insolvency
- International harmonisation
- Conflict-of-laws rules for crypto assets