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Border problems: mapping the third border

Allen, JG ORCID: 0000-0003-1046-9040 and Lastra, RM 2020 , 'Border problems: mapping the third border' , Modern Law Review, vol. 83, no. 3 , pp. 505-538 , doi: 10.1111/1468-2230.12506.

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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 Type: Article
Authors/Creators:Allen, JG and Lastra, RM
Keywords: military operations , virtual reality, offensive cyber
Journal or Publication Title: Modern Law Review
Publisher: Wiley-Blackwell Publishing Ltd.
ISSN: 0026-7961
DOI / ID Number: 10.1111/1468-2230.12506
Copyright Information:

Copyright 2020 The Authors

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