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