This thesis examines the evolution, quality and measures of improvement of Tanzania's commercial banking regulation and supervision. It is based on the belief that regulation and supervision play an essential role in maintaining a sound and stable banking industry. Although the subject of banking regulation and supervision has been widely discussed in European Union countries and in the United States, it is only now that the subject is becoming of growing importance to Tanzania. The move is necessitated by the need to conform to the political, social and economic transformation that has been taking place in the country since 1986 under the structural adjustment programs (SAPs). The study divides the country's banking and its regulation and supervision into three periods: the pre and colonial (1880-1960), the post-colonial (1961-1989) and finally, the contemporary (1991-2000). Each of these periods is examined separately, and then comparedt o eacho ther. The researcherb elieves that, in reviewing the past, we are able to determine future developments. The findings of the study indicate that the main features of Tanzania's commercial banking sector and its legal framework during the colonial and post-colonial era have been largely determined by the experiences of colonialism. Despite the Arusha Declaration policies established six years after independence, the banking industry and its legal framework of regulation and supervision remained overshadowed by government directives and Bank of Tanzania sector guidelines. The year 1991 saw major reforms of the industry by government, partly in response to the International Monetary Fund and the International Bank for Reconstruction and Development initiatives, (SAPs). However, in an attempt to establish a contemporary banking legal framework, the government relied on models that ignored the growing difference between developed economies and developing economies. Consequently, the current framework though satisfactory, has some loopholes and is in certain cases unable to take into account the realities of the local environment. Furthermore, the empirical findings of the study have illustrated that the practical aspects of the regulation and supervision of commercial banks have significant shortcomings. These problems are particularly acute because the banking industry is still vulnerable to major structural change through economic frailty, mergers, bankruptcy and failures. After identifying these weaknesses, the study makes recommendations designed to help policy-makers strengthen the law, regulatory and supervisory structure, by taking into account the local banking industry environment. Finally, the study is concluded with a summary assessment of the period under review. It is argued that the 1990's changes were indeed a step towards prudential banking regulation and supervision in Tanzania. Nevertheless, in the light of the shortcomings mentioned above and as part of the emphasis on an effective and efficient framework, the need constantly to review the system and adapt changes that are designed to improve the banking industry and its regulation and supervision remain essential in achieving prudential standards.

Thesis--Rotterdam. / "Stellingen" (2 p.) and "corrigendum" laid in. Includes bibliographical references (p. [215]-217).

Thesis (M. Sc. E.)--University of New Brunswick, 2000. / Includes bibliographical references.

Inaug.-diss.--Hamburg. / Lebenslauf. "Literaturnachweis": p. iv-vi.

Thèse (Ph. D. en Droit)--Université de Paris.

published_or_final_version / Public Administration / Master / Master of Social Sciences

published_or_final_version / Public Administration / Master / Master of Public Administration

Given that Commercial Law tries to balance considerations of certainty and fairness, it follows that the law relating to letters of credit, as part of the general body of Commercial Law, involves a similar balancing exercise. This thesis argues that this balance should employ five basic principles, namely: (1) party autonomy (freedom and sanctity of contract); (2) certainty; (3) flexibility; (4) fairness; and (5) good faith. The thesis begins with a brief introduction to the objectives of the study. Chapter one introduces readers to the basis of letters of credit and the historical background. The five basic principles and the tensions between them are examined in chapter two. Chapter three discusses briefly how these five basic principles are applied to the law regulating letters of credit. Chapter four focuses on disputes arising between the issuing bank and the beneficiary, evaluating in particular the principle of independency and the fraud exception. The most important doctrine in the law of letters of credit, the doctrine of strict compliance is explored in chapter five. Disputes between the issuing bank and the applicant are examined in chapter six and the standard of compliance governing the reimbursement agreement (whether strict compliance or bifurcated compliance) is evaluated in the light of the basic principles. Chapter seven, deals with disputes between the applicant (buyer) and the beneficiary (seller), evaluating the law on the nature of payment (whether absolute-conditional) in the light of the basic principles. The concluding chapter draws on the key points of the thesis to put forward an overview as to the adequacy of the law. Essentially, the law founds itself on two cornerstone principles, the independency principle and the doctrine of strict compliance. Whereas the former protects the interests of sellers, the latter protects the interests of buyers. In each case, however, the principle designed for protection (and certainty) can be turned into a principle licensing unfairness-in one case, shielding fraudulent sellers, and in the other case shielding bad faith buyers. In the modern law, the central problem is to find the right way of addressing and balancing these competing considerations. The main proposals offered in the thesis recommend that the qualified strict compliance test be adopted and where actual fraud has taken place or is suspected on reasonable grounds by the bank, the fraud exception should operate. In addition, and with a view to striking the right balance between certainty and fairness, it is suggested that punitive damages be awarded exceptionally in cases where good faith and gross negligence have taken place, that the bifurcated compliance standard should be adopted where the issuer has been considered to have acted in good faith and without harming the customer, and that conditional payment be adopted in relation to payment under documentary credit. It should be emphasised that the position argued for in this thesis is that there should be some marginal adjustment to the ruling doctrines. No modification should be considered, however, where the essential certainty of the law would be jeopardised.

Thesis (M.A.)--University of Adelaide, Dept. of Politics, 1985. / Includes bibliographical references (leaves 224-238).

Thesis (M. A.)--University of Hong Kong, 2008. / Also available in print.