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Abstract

Extraterritorial Application of National Securities Regulation of National Securities Regulation: the Case of Rule 10b-5 and Morrison v National Australia Bank Ltd


The issue of legal jurisdiction is considered an integral part of sovereignty and one in which States naturally assume responsibility to adjudicate on matters and persons within their territorial boundaries. Except by mutual consent, no State is allowed to undermine the sovereign authority of another by enacting and applying its laws to matters and persons within the jurisdiction of that other State except in circumstances permitted under conflict of law principles. However, global expansion of commerce, flourishing of multinational corporations, and technological revolution, has not only increased international transaction in securities, but also market abuses, fraud and manipulative conduct associated with domestic securities markets have spread across borders. So, instead of jurisdiction based on conventional principles, a State justify extraterritorial application of its national securities regulation if the abusive, fraudulent or manipulative conduct of foreign persons imposes negative externalities on the State, its economy, and investors. This dissertation considers the impact of the United States decision to apply in other countries, Rule 10b-5 - securities antifraud legislation promulgated under Section 10(b) of the Securities Exchange Act of 1934.

Ozoilo, Ignatius (2011) Extraterritorial Application of National Securities Regulation of National Securities Regulation: the Case of Rule 10b-5 and Morrison v National Australia Bank Ltd. Masters thesis, Institute of Advanced Legal Studies, School of Advanced Study.


Item Type:Thesis (Masters)
Additional Information:Master dissertation (distinction)- LLM in International Corporate Governance, Financial Regulation and Economic Law (ICGFREL)
Subjects:Law
Keywords:Secutities fraud, Insider trading, Conflict of Laws, United States
Divisions:Institute of Advanced Legal Studies
Collections:Theses and Dissertations > Dissertation
IALS Students
Deposited By:Steven Whittle
Date Deposited:18 Apr 2012 09:56
Last Modified:22 Jul 2014 14:43
ItemID:3616
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License termsCreative Commons Attribution Non-commercial No Derivatives - Available to public
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