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Confidentiality in Offshore Financial Law »

Book cover image of Confidentiality in Offshore Financial Law by Rose-Marie Belle Antoine

Authors: Rose-Marie Belle Antoine
ISBN-13: 9780199250127, ISBN-10: 019925012X
Format: Hardcover
Publisher: Oxford University Press, USA
Date Published: December 2002
Edition: (Non-applicable)

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Author Biography: Rose-Marie Belle Antoine

Rose-Marie Antoine was born in Trinidad and Tobago and graduated from the University of the West Indies in 1986. She later studied at Balliol College, Oxford as a Commonwealth Scholar having obtained her professional qualifications at Cambridge in 1988. She has worked as a legal consultant to several governments and regional and international organizations, including the ILO and the World Bank. Dr Antoine is Senior Lecturer in Law at the University of the West Indies in Barbados.

Book Synopsis

Confidentiality in Offshore Finance Law is a comprehensive legal analysis of an essential, but virtually unexplored and often controversial topic. It is a holistic and complex subject which brings together several orthodox areas of law in innovative and constantly evolving ways. It embraces the law on trusts, taxation and tax planning, banking, international crime, mutual funds and company law. Offshore confidentiality impacts on all of these and is uniquely different from onshore models. In this book its intricate parameters and limits are assessed by reviewing case law, legislation, treaties and public policy. Dr Antoine also highlights the tensions between onshore and offshore legal philosophies.
Not only will the book be an essential point of reference to legal practitioners, it should also be of interest to financial regulators, human rights activists, academics, students, and law enforcers.

Table of Contents

Acknowledgements
Tables of Cases
Table of Statutes
Table of Treaties and Agreements
List of Abbreviations
ILocating Confidentiality in Offshore Finance
1The Nature of the Offshore Financial Centre
2The Parameters of Offshore Confidentiality and its Justification
3Taxation and Confidentiality
IIDisclosure Initiatives and the Erosion of Offshore Confidentiality
4Guiding Principles and Developments Towards Disclosure
5Legislative and Treaty Approaches to International Legal Assistance
6Money Laundering and Serious Crime
7Impact of Restraint Orders on Confidentiality
IIIConstitutional Concerns and Questions of Sovereignty
8Constitutional Protection of Privacy in Offshore Regimes - Challenges and Dilemmas
9The Privilege Against Self-Incrimination in Offshore Jurisprudence
10The Comity Principle and Confidentiality
11The OECD's Challenge to Offshore Confidentiality
12Conclusion - Challenges and Prospects
Index

Subjects