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Border problems: mapping the third border

Citation

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

Abstract

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
Downloads:0

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