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Beyond Borders: How Digital Currencies Are Reshaping International Trade Law

Sep 30
1 min read



Kushagra Tiwari & Ansh Singhal & Sanidhya SS Chauhan, National Law Institute University, Bhopal


ABSTRACT


The increasing adoption of digital currencies, particularly Central Bank Digital Currencies (CBDCs) and cryptocurrencies, is reshaping global trade and financial systems. While CBDCs offer state-backed stability, regulatory oversight, and improved financial inclusion, cryptocurrencies provide decentralized, borderless transactions that challenge traditional financial structures. However, the integration of digital currencies into international trade presents significant legal and regulatory challenges, including regulatory fragmentation, compliance with Anti-Money Laundering (AML) and Counter-Terrorism Financing (CFT) laws, taxation complexities, and enforceability of smart contracts.


This paper critically examines the divergent regulatory approaches adopted by major economies. China has banned most private cryptocurrencies while promoting the Digital Yuan (e-CNY) for cross-border settlements, whereas the European Union’s MiCA regulation provides a structured framework for regulating crypto-assets. India, meanwhile, has taken a dual approach, advancing the Digital Rupee while imposing restrictions on private cryptocurrencies. These varying regulatory landscapes create trade barriers, compliance burdens, and jurisdictional conflicts that hinder seamless cross- border transactions.


Additionally, the paper explores the role of smart contracts and blockchain technology in automating trade agreements and proposes a Global Digital Trade and Smart Contract Framework (GDTSCF) to harmonize legal recognition, establish an interoperable multi-CBDC settlement system, and create a dedicated dispute resolution mechanism for digital transactions. The study emphasizes the need for coordinated regulatory efforts by the IMF, BIS, WTO, and UNCITRAL to ensure global consistency in digital currency trade regulations.


By addressing regulatory gaps, cybersecurity risks, and financial transparency concerns, this paper provides policy recommendations to facilitate the seamless adoption of digital currencies in international trade, balancing innovation, legal certainty, and economic stability.



Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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Submit Manuscript: Click here

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Licensing: ​

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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