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Border problems: mapping the third border


Allen, JG and Lastra, RM, Border problems: mapping the third border, Modern Law Review, 83, (3) pp. 505-538. ISSN 0026-7961 (2020) [Refereed Article]

Copyright Statement

Copyright 2020 The Authors

DOI: doi:10.1111/1468-2230.12506


The Internet has become the site of economically relevant objects, events and actions, as well as the source of potential risks to the financial systems. This article builds on a metaphor of ‘border problems’ in financial regulation, exploring a ‘third border’ between the ‘real world’ and ‘cyberspace’—a virtual domain of human interaction facilitated and conditioned by digital communications systems. Reviewing the ‘cyber-sovereignty’ debate and surveying the divergent approaches now emerging along geo-political faultlines, we argue that sovereign states still have a unique and irreplaceable role in guarding financial stability which must be reflected in the law of Internet jurisdiction: an emerging lex cryptographica financiera. We conclude with a few observations on how this could affect the design of financial regulation in the coming decade.

Item Details

Item Type:Refereed Article
Keywords:military operations , virtual reality, offensive cyber
Research Division:Law and Legal Studies
Research Group:International and comparative law
Research Field:International criminal law
Objective Division:Law, Politics and Community Services
Objective Group:International relations
Objective Field:International political economy (excl. international trade)
UTAS Author:Allen, JG (Mr Jason Allen)
ID Code:139454
Year Published:2020
Web of Science® Times Cited:1
Deposited By:Law
Deposited On:2020-06-16
Last Modified:2021-04-28

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