Why ‘jurisdiction’? Determining boundaries in offshore finance

Abstract

This article examines the terminology used when analysing offshore finance, specifically the application of ‘jurisdiction’ in this context. The analysis is developed by first explicating the non-sovereign territory and the shape of sovereignty as experienced and practised in these territories. This foundation then is used to outline the shape and extent of an ‘archipelago’ of offshore finance composed of both sovereign states and non-sovereign territories. The offshore archipelago serves as an intermediary in the transfer of capital from its source location to its destination, which brings it into direct contact with the global financial governance initiatives promulgated by the G20 for the welfare of its membership. In closing, the implications for the offshore jurisdiction are briefly considered in the case of the constitutional relationship governing the United Kingdom’s Overseas Territories.