Border problems: Mapping the third border

Author

Jason Grant ALLEN, Singapore Management UniversityFollow
Rosa Maria LASTRA, Queen Mary University of London

Publication Type

Journal Article

Version

submittedVersion

Publication Date

5-2020

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.

Discipline

Banking and Finance Law | Internet Law

Research Areas

Public International Law, Regional and Trade Law

Publication

Modern Law Review

Volume

83

Issue

3

First Page

505

Last Page

538

ISSN

0026-7961

Identifier

10.1111/1468-2230.12506

Publisher

Wiley

Embargo Period

2-4-2025

Citation

ALLEN, Jason Grant and LASTRA, Rosa Maria. Border problems: Mapping the third border. (2020). Modern Law Review. 83, (3), 505-538.
Available at: https://ink.library.smu.edu.sg/sol_research/4578

Copyright Owner and License

Authors

Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.

Additional URL

https://doi.org/10.1111/1468-2230.12506