The Jurisdiction of Par: Juridical Singleness and the Legal Identity of Stablecoins (OpenAlex (recherche mondiale))
Summary
- Expanding access to Tether's arbitrage mechanism reduced the absolute size of peg deviations by approximately one half.p.2
- Canada's Stablecoin Act received royal assent on 26 March 2026, establishing statutory backing and redemption standards for payment stablecoins.p.8
- The United States passed the GENIUS Act on 18 July 2025, requiring permitted issuers to back outstanding stablecoins on at least a one-to-one basis.p.10
- Under the U.S. GENIUS Act, issuers must provide at least seven days' notice before changing stablecoin redemption fees.p.11
- During market stress on 10 March 2023, Circle disclosed that approximately US$3.3 billion of roughly US$40 billion in USDC reserves remained at Silicon Valley Bank.p.14
- Decentralized-exchange volumes surged past US$20 billion on 11 March 2023, compared to typical daily volumes of US$1–3 billion.p.14
Key insights
- Juridical singleness requires that units of the same digital monetary instrument carry functionally equivalent core rights throughout circulation without requiring a transferee to investigate their provenance.p.2
- Technical fungibility and price parity on secondary markets do not guarantee legal fungibility or identical holder rights against stablecoin issuers.p.3
- Stablecoin identity consists of three distinct layers: technical identity on the ledger, balance-sheet identity with the issuer, and juridical identity comprising enforceable rights.p.3
- Article 49 of MiCA grants e-money token holders a statutory claim to demand par redemption at any time without fees, though multi-issuer structures complicate debtor attribution.p.9
- The U.S. GENIUS Act establishes statutory insolvency standing and ratable reserve priority for holders of stablecoins issued by an insolvent permitted issuer.p.11
- A review of major issuer contracts shows that holding a token does not guarantee direct primary redemption access, which is frequently restricted to registered, verified customers.p.13
- The stablecoin identity trilemma demonstrates that an arrangement cannot simultaneously guarantee global technical fungibility, jurisdictional reserve segregation, and holder-neutral portability of rights without a connecting legal mechanism.p.14
- Multi-jurisdictional stablecoin frameworks can be legal design-tested using unitary-liability, network-liability, or segmented-provenance models.p.16
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