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Border problems: mapping the third border

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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 |
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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 |
Item Statistics: | View statistics for this item |
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