Blockchain And Private International Law
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Blockchain And Private International Law
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Author : Andrea Bonomi
language : en
Publisher: BRILL
Release Date : 2023-11-13
Blockchain And Private International Law written by Andrea Bonomi and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-13 with Law categories.
The open access publication of this book has been published with the support of the Swiss National Science Foundation. Blockchain is the first global mechanism for the transfer and storage of value. Despite being conceived as an alternative to state and law, the technology and its use cases raise many legal questions, most notably, regarding jurisdiction and applicable law with respect to transactions and assets recorded on the blockchain. The issue is complex given the decentralised nature of the network. In this volume, academics and practitioners from various countries try to provide detailed answers to these questions as they relate to crypto-assets, cryptocurrencies, crypto derivatives, stablecoins, Central Bank Digital Currencies and Decentralised Autonomous Organisations (DAOs), as well as specific transactions and issues, such as property rights, secured transactions, smart contracts and bankruptcy. With specific chapters on national approaches (Germany, Japan, Liechtenstein, Switzerland, United States), the volume explores the need and possibility for legal harmonisation of these issues through global fora, such as the Hague Conference on Private International Law (HCCH) UNIDROIT.
Blockchain Law And Governance
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Author : Benedetta Cappiello
language : en
Publisher: Springer Nature
Release Date : 2020-10-21
Blockchain Law And Governance written by Benedetta Cappiello and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-21 with Law categories.
This volume explores from a legal perspective, how blockchain works. Perhaps more than ever before, this new technology requires us to take a multidisciplinary approach. The contributing authors, which include distinguished academics, public officials from important national authorities, and market operators, discuss and demonstrate how this technology can be a driver of innovation and yield positive effects in our societies, legal systems and economic/financial system. In particular, they present critical analyses of the potential benefits and legal risks of distributed ledger technology, while also assessing the opportunities offered by blockchain, and possible modes of regulating it. Accordingly, the discussions chiefly focus on the law and governance of blockchain, and thus on the paradigm shift that this technology can bring about.
Blockchains Smart Contracts Decentralised Autonomous Organisations And The Law
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Author : Daniel Kraus
language : en
Publisher: Edward Elgar Publishing
Release Date : 2019
Blockchains Smart Contracts Decentralised Autonomous Organisations And The Law written by Daniel Kraus and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with LAW categories.
The growth of Blockchain technology presents a number of legal questions for lawyers, regulators and industry participants alike. Primarily, regulators must allow Blockchain technology to develop whilst also ensuring it is not being abused. This book addresses the challenges posed by various applications of Blockchain technology, such as cryptocurrencies, smart contracts and initial coin offerings, across different fields of law. Contributors explore whether the problems posed by Blockchain and its applications can be addressed within the present legal system or whether significant rethinking is required.
Blockchain And The Law
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Author : Francisco Pereira Coutinho
language : en
Publisher: Springer Nature
Release Date : 2023-12-17
Blockchain And The Law written by Francisco Pereira Coutinho and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-17 with Law categories.
This book discusses the dogmatic (that what is settled) and the dynamic (that what is changing) aspects of the relationship between blockchain and the law from a critical perspective. With contributions from legal and financial experts involved in both academy and business from Europe, Africa and North and South America, the book looks at the abstract complexities and practical challenges of regulating blockchain technology and its developments, such as crypto assets and smart contracts, from the perspectives of financial, tax, civil, and international law. Moreover, the book also delves into some exciting and cutting-edge related topics such as blockchain applications for litigation, CBDC and elections. The volume offers insightful considerations that will be helpful for legal practitioners involved in the crypto and Distributed Ledger Technology (DLT) phenomenon. Francisco Pereira Coutinho is Associate Professor at the Nova School of Law in Lisbon, Portugal. Martinho Lucas Pires is Teaching Assistant in the Department of Law of the Universidade Católica Portuguesa in Lisbon, Portugal. Bernardo Correia Barradas is a Lawyer and Senior Legal Advisor in payments in Washington DC, United States.
Blockchain And Cryptocurrency
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Author : Dean Armstrong
language : en
Publisher:
Release Date : 2019
Blockchain And Cryptocurrency written by Dean Armstrong and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Blockchains (Databases) categories.
"The importance of blockchain and cryptocurrencies continually evolving. The first book on this increasingly important topic, it is a pioneering and seminal read which aims to identify regulatory gaps and establish the first applicable legal framework. Written by well-known experts in cyber law, this reference work covers: · Blockchain - IP/ownership/legal consequences of use/areas of regulation · Crypto Assets - Security of wallets/IP/Data Sovereignty · The internet of things - Current regulation/ability of smart cities based on IOT to comply with pending legislation/regulation · The impact of GDPR/DPB · How Blockchain will impact on ownership of raw materials, eg energy, power and water and the legal implications · Comparative international compliance regimes/cross border jurisdiction issues · International cyber enforcement and certification · Decentralised Autonomous Organisations (DAOs) - Regulation and liability Coverage of the FCA/Bank of England/UK Treasury discussion paper for cryptocurrencies is also included and the impact these guidelines will have on possible future regulations. Case studies, flowcharts and handy checklists are also included for ease of use. Essential reading for commercial practitioners, IT and IP practicioners, financial regulatory practitioners, corporate/white collar crime practitioners, property practitioners, in-house counsel, practitioners in private practice, particularly those who advise entrepreneurs, and corporate and individual investors."--Bloomsbury Publishing.
Blockchain And Public Law
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Author : Pollicino, Oreste
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-07-31
Blockchain And Public Law written by Pollicino, Oreste and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-31 with Law categories.
This important and topical book provides a comprehensive overview of the challenges raised by blockchain from the perspective of public law. It considers the ways in which traditional categories of public law such as sovereignty, citizenship and territory are shaped, as well as the impact of blockchain technology on fundamental rights and democratic values.
Handbook Of Blockchain Law
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Author : Matthias Artzt
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-07-16
Handbook Of Blockchain Law written by Matthias Artzt and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-16 with Law categories.
Blockchain has become attractive to companies and governments because it promises to solve the age-old problem of mutability in transactions - that is, it makes falsification and recalculation impossible once a transaction has been committed to the technology. However, the perceived complexity of implementing Blockchain calls for an in-depth overview of its key features and functionalities, specifically in a legal context. The systematic and comprehensive approach set forth in this indispensable book, including coverage of existing relevant law in various jurisdictions and practical guidance on how to tackle legal issues raised by the use of Blockchain, ensures a one-stop-shop reference book for anyone considering Blockchain-based solutions or rendering advice with respect to them. Within a clear structure by fields of law allowing for a systematic approach, each contributor - all of them are practitioners experienced with Blockchain projects within their respective areas of expertise - elucidates the implications of Blockchain technology and related legal issues under such headings as the following: technical explanation of Blockchain technology; contract law; regulatory issues and existing regulation in a variety of jurisdictions; data protection and privacy; capital markets; information security; patents and other intellectual property considerations; and antitrust law. Keeping the legal questions and concepts sufficiently generic so that lawyers can benefit from the handbook irrespective of their jurisdiction and legal background, the authors cover such specific characteristics of Blockchain implementation as so-called smart contracts, tokenization, distributed ledger technology, digital securities, recognition of code as law, data privacy challenges and Blockchain joint ventures. Because Blockchain is a relatively new technology still in process and raises a multitude of legal questions, this well-balanced introduction - at a depth that allows non-IT experts to understand the groundwork for legal assessments - provides a solid basis for organizations and their legal advisors in identifying and resolving Blockchain-related issues. Legal practitioners, in-house lawyers, IT professionals and advisors, consultancy firms, Blockchain associations and legal scholars will welcome this highly informative and practical book.
Smart Contracts And Private Internacional Law
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Author : Alfonso Ortega Giménez
language : es
Publisher: ARANZADI / CIVITAS
Release Date : 2022-04-28
Smart Contracts And Private Internacional Law written by Alfonso Ortega Giménez and has been published by ARANZADI / CIVITAS this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-28 with Law categories.
Globalization and new technologies with their breakneck competitiveness and speed of doing business have driven the development of e-commerce, changing the way products are sold and bought today. The new digital era in which we are immersed is allowing ever greater automation in various sectors of commerce and in society, with software and computer algorithms responsible for automatically executing previously programmed commands gaining greater prominence. In this environment, a new technology capable of designing contracts between individuals with the capacity to self-execute without the mediation of third parties and based on the revolutionary Blockchain technology, Smart Contracts, is of particular relevance. Unlike the centralized and traditional commercial model, Smart Contracts foster a new type of commercial relationship based on trust in new technologies, they offer immutability and distributed storage, which is what most distinguishes them from traditional agreements. Smart Contracts are impacting businesses and are laying the foundations for the future of business where Smart Contracts have every chance of being the seed of unprecedented change. The emergence of Smart Contracts creates the need to reflect, from the perspective of private international law, on the most appropriate legal framework for the requirements that this phenomenon will generate as its use becomes more widespread.
Cryptocurrencies In Public And Private Law
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Author : Daniel J. Carr
language : en
Publisher:
Release Date : 2019
Cryptocurrencies In Public And Private Law written by Daniel J. Carr and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
This book examines how cryptocurrencies based on blockchain technologies fit into existing general law categories of public and private law. The book takes the common law systems of the United Kingdom as the centre of its study but extends beyond the UK to show how cryptocurrencies would be accommodated in some Western European and East Asian legal systems outside the common law tradition. By investigating traditional conceptions of money in public law and private law the work examines the difficulties of fitting cryptocurrencies within those approaches and models. Fundamental questions regarding issues of ownership, transfer, conflict of laws, and taxation are addressed with a view to equipping the reader with the tools to answer common transactional questions about cryptocurrencies. The international contributor team uses the common law systems of the United Kingdom as a basis for the analysis, but also looks comparatively to other systems across the wider common law and civil law world to provide detailed examination of the legal problems encountered.
Regulating Blockchain
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Author : Robert Herian
language : en
Publisher: Routledge
Release Date : 2018-09-21
Regulating Blockchain written by Robert Herian and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-21 with Computers categories.
As the distributed architecture underpinning the initial Bitcoin anarcho-capitalist, libertarian project, 'blockchain' entered wider public imagination and vocabulary only very recently. Yet in a short space of time it has become more mainstream and synonymous with a spectacular variety of commercial and civic 'problem'/'solution' concepts and ideals. From commodity provenance, to electoral fraud prevention, to a wholesale decentralisation of power and the banishing of the exploitative practices of 'middlemen', blockchain stakeholders are nothing short of evangelical in their belief that it is a force for good. For these reasons and more the technology has captured the attention of entrepreneurs, venture capitalists, global corporations and governments the world over. Blockchain may indeed offer a unique technical opportunity to change cultures of transparency and trust within cyberspace, and as ‘revolutionary’ and ‘disruptive’ has the potential to shift global socioeconomic and political conventions. But as a yet largely unregulated, solutionist-driven phenomenon, blockchain exists squarely within the boundaries of capitalist logic and reason, fast becoming central to the business models of many sources of financial and political power the technology was specifically designed to undo, and increasingly allied to neoliberal strategies with scant regard for collective, political or democratic accountability in the public interest. Regulating Blockchain casts a critical eye over the technology, its ‘ecosystem’ of stakeholders, and offers a challenge to the prevailing discourse proclaiming it to be the great techno-social enabler of our times.