Extraterritoriality in financial law

Matthias Lehmann

Chapter 24 in Research Handbook on Extraterritoriality in International Law, 2023, pp 412-429 from Edward Elgar Publishing

Abstract: For decades, the extraterritorial application of legal rules has been a mainstay of financial law. This chapter analyzes the motives for applying the domestic financial law of one country to actors, activities, and events in foreign countries. It furthermore assesses the connecting factors used to justify the application of domestic law beyond national borders and strategies to cope with extraterritoriality. The chapter demonstrates how finance is about to move beyond the dichotomy between territoriality and extraterritoriality to a new paradigm called here ‘omniterritoriality’ due to the influence of modern technologies that make the regulation of global financial markets by nation-states acting alone increasingly unrealistic.

Keywords: Law - Academic (search for similar items in EconPapers)
Date: 2023
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