The Law And Governance Of Decentralised Business Models

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The Law And Governance Of Decentralised Business Models
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Author : Roger M Barker
language : en
Publisher: Routledge
Release Date : 2020-12-30
The Law And Governance Of Decentralised Business Models written by Roger M Barker and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-30 with Law categories.
This book draws together themes in business model developments in relation to decentralised business models (DBMs), sometimes referred to as the ‘sharing’ economy, to systematically analyse the challenges to corporate and organisational law and governance. DBMs include business networks, the global supply chain, public–private partnerships, the platform economy and blockchain-based enterprises. The law of organisational forms and governance has been slow in responding to changes, and reliance has been placed on innovations in contract law to support the business model developments. The authors argue that the law of organisations and governance can respond to changes in the phenomenon of decentralised business models driven by transformative technology and new socio-economic dynamics. They argue that principles underlying the law of organisations and governance, such as corporate governance, are crucial to constituting, facilitating and enabling reciprocality, mutuality, governance and redress in relation to these business models, the wealth-creation of which subscribes to neither a firm nor market system, is neither hierarchical nor totally decentralised, and incorporates socio-economic elements that are often enmeshed with incentives and relations. Of interest to academics, policymakers and legal practitioners, this book offers proposals for new thinking in the law of organisation and governance to advance the possibilities of a new socio-economic future.
The Law And Governance Of Decentralised Business Models
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Author : Roger M. Barker
language : en
Publisher:
Release Date : 2020-12
The Law And Governance Of Decentralised Business Models written by Roger M. Barker and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12 with Business & Economics categories.
"This book draws together themes in business model developments in relation to business networks and platforms, decentralized business models (DBMs), sometimes referred to as the 'sharing' economy', to systematically analyse the challenges to corporate and organizational law, and governance. DBMS include business networks, the global supply chain, public-private partnerships, the platform economy and blockchain-based enterprises. The law of organizational forms and governance has been slow in responding to changes and reliance has been placed on innovations in contract law to support the business model developments. The authors argue that the law of organisations and governance can respond to changes in the phenomenon of decentralised business models driven by transformative technology and new socio-economic dynamics. They argue that principles underlying the law of organisations and governance, such as corporate governance, are crucial to constituting, facilitating and enabling reciprocality, mutuality, governance and redress in relation to these business models, whose creation of wealth neither fully subscribes to a firm or market system, is neither hierarchical or totally decentralized, and incorporates socio-economic elements that are often enmeshed with incentives and relations. Of interest to academics, policy-makers and legal practitioners, this book offers proposals for new thinking in the law of organization and governance to advance the possibilities of a new socio-economic future"--
Research Handbook On Corporate Liability
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Author : Martin Petrin
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-08-14
Research Handbook On Corporate Liability written by Martin Petrin 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 2023-08-14 with Law categories.
This Research Handbook considers many aspects of corporate liability, beginning with a fundamental explanation of what the company is, through depictions of corporate liability in theory, to the key areas of liability in practice. Interdisciplinary in nature, the contributions cover corporate and participant liability under statutory law, tort and criminal law, and corporate fiduciary and securities law. Specific perspectives include those on vicarious liability in tort and its application to corporations, and accountability for AI labour.
Digital Assets And The Law
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Author : Filippo Zatti
language : en
Publisher: Taylor & Francis
Release Date : 2024-01-22
Digital Assets And The Law written by Filippo Zatti and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-22 with Business & Economics categories.
This book delves into the intricacies of digital assets. With the increasing reliance on crypto and the potential adoption of digital currencies by central banks, our monetary system is at a critical point. The importance of taking the next step has become even more stringent, as evidenced by this systematic scientific reconstruction. Divided into five concentric parts, the book starts with a historical, technical and financial introduction to digital assets. It then explores the changing role of central banking and monetary economics in the upcoming era. Finally, it focuses on the broad legal issues arising from the new digital landscape, not shying away from exploring forward-thinking solutions and policies for the future. With the contributions of prominent international experts in the field, this collection supplies a transdisciplinary analysis based on the belief that complex phenomena can only be handled by complex solutions. This groundbreaking work aims to be more than just an academic treatise; it is a must-read for students, scholars, financial professionals, and all those who want to understand the emerging digital currency reality that many have yet to fully recognise.
Intermediaries In Commercial Law
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Author : Paul S Davies
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-09-08
Intermediaries In Commercial Law written by Paul S Davies and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-08 with Law categories.
This book is the first to examine intermediaries in a holistic and systematic manner. The classical model of face-to-face contracting between two individuals is no longer dominant. Instead, deals frequently involve a number of parties, often acting through intermediaries. As a result, it is important to understand the role and power of intermediaries. Intermediaries tend to be considered within discrete silos of the law. But by focussing upon a particular, narrow area of law, lessons are not learned from analogous situations. This book takes a broader approach, and looks across the traditional boundaries of private law in order to gain a proper assessment of the role played by intermediaries. A wide range of jurisdictions and topical issues are discussed in order to illuminate the role intermediaries play in commercial law. For example, the continued growth of electronic commerce requires consideration of the role of websites and other platforms as intermediaries. And developments in artificial intelligence raise the prospect of intermediaries being non-human actors. All these issues are subject to rigorous analysis by the expert contributors to this book.
Rethinking Law Regulation And Technology
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Author : Brownsword, Roger
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-03-04
Rethinking Law Regulation And Technology written by Brownsword, Roger 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 2022-03-04 with Law categories.
This insightful book presents a radical rethinking of the relationship between law, regulation, and technology. While in traditional legal thinking technology is neither of particular interest nor concern, this book treats modern technologies as doubly significant, both as major targets for regulation and as potential tools to be used for legal and regulatory purposes. It explores whether our institutions for engaging with new technologies are fit for purpose.
Adjudicating Global Business In And With India
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Author : Leïla Choukroune
language : en
Publisher: Routledge
Release Date : 2021-07-22
Adjudicating Global Business In And With India written by Leïla Choukroune and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-22 with Law categories.
This edited collection on international commercial and investment disputes in, and with, India examines past and present landmark legislative and regulatory reforms initiated by the Indian government, including the 2015 new Bilateral Investment Treaty (BIT) model, the 2015 amendments to the 1996 Arbitration Act and the 2013 amendments to Section 135 of the Companies Act on Corporate Social Responsibility (CSR), as well as the most recent amendments to the same. The book also includes recent developments in the dispute resolution arena, regional, and international negotiations involving India, the legal profession’s response to these developments, and civil society’s comments. In addition, it addresses contemporary problems of key importance and at the centre of today’s discussions, from the legitimacy and relevance of Investor–State Dispute Settlement (ISDS) to the denunciation of Bilateral Investment Treaties (BITs), and the role arbitration should play in emerging economies now leaders in world trade. In creating bridges between commercial and investment arbitration, it also renews the conceptual approach to these too often artificially isolated fields of law. The volume provides an accurate and updated account of the many fascinating conceptual and practical evolutions, which already impact the world of international dispute resolution far beyond the borders of India. This unique and exhaustive study will be of great appeal to a vast range of readers from practitioners to academia.
International Human Rights And Local Courts
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Author : Aksel Tømte
language : en
Publisher: Taylor & Francis
Release Date : 2024-04-29
International Human Rights And Local Courts written by Aksel Tømte and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-29 with Law categories.
This book addresses the technicalities of how international human rights law can be applied at the domestic level through a case study of the human rights methodology of the Indonesian judiciary. Numerous international human rights treaties have been ratified by States parties all around the world. However, local implementation has proven a difficult task for national authorities with every State struggling to realize rights to varying degrees. This reveals a gap between the standards of human rights as envisaged by the law and those experienced by rights holders at the local level. This work analyses how Indonesian courts interpret and apply human rights. It discusses the position of human rights within specific areas of Indonesian law: constitutional law, criminal law and private law. It analyses how courts have dealt with specific cases within these fields of law. Its key contribution lies in its detailed attention to the role of the Indonesian judiciary in implementing human rights, as well as to the influence of international law, and the role that actors other than the judiciary play in this process. It also incorporates international comparative perspectives. The book will be of particular interest to human rights scholars concerned with national judiciaries’ role in human rights implementation, and to scholars, judges, civil society actors and legal practitioners working with law and human rights in Indonesia. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons [Attribution-Non Commercial-No Derivatives (CC BY-NC-ND)] 4.0 license.
Corporate Governance And Statutory Derivative Actions
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Author : Lang Thai
language : en
Publisher: Taylor & Francis
Release Date : 2023-09-22
Corporate Governance And Statutory Derivative Actions written by Lang Thai and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-22 with Law categories.
This book is the first comprehensive study of the statutory derivative action in Australia, using the Australian model as a reference point and comparing it with the United Kingdom, Canada, Singapore, New Zealand, Hong Kong and USA counterparts. The book includes an empirical study covering over a 20-year period from the date the statutory framework came into operation, coupled with extensive case law analysis and comparisons with other jurisdictions. It informs the world about the uniqueness of Australia’s statutory derivative action, and what other countries can learn from it as shareholder protection and promotion of good corporate governance. While some countries have statutory derivative action, there are still countries that do not have the statutory framework that are considering introducing it into their corporate law. This book is also useful for countries that already have their local variants of the statutory derivative action that are considering revising their existing provisions. This book provides insights and suggestions for lawmakers, judges, litigation practitioners and corporate law and litigation researchers worldwide in reforming their existing model.
Regulating The Crypto Economy
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Author : Iris H-Y Chiu
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-10-21
Regulating The Crypto Economy written by Iris H-Y Chiu and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-21 with Law categories.
This book focuses on the building of a crypto economy as an alternative economic space and discusses how the crypto economy should be governed. The crypto economy is examined in its productive and financialised aspects, in order to distil the need for governance in this economic space. The author argues that it is imperative for regulatory policy to develop the economic governance of the blockchain-based business model, in order to facilitate economic mobilisation and wealth creation. The regulatory framework should cater for a new and unique enterprise organisational law and the fund-raising and financing of blockchain-based development projects. Such a regulatory framework is crucially enabling in nature and consistent with the tenets of regulatory capitalism. Further, the book acknowledges the rising importance of private monetary orders in the crypto economy and native payment systems that do not rely on conventional institutions for value transfer. A regulatory blueprint is proposed for governing such monetary orders as 'commons' governance. The rise of Decentralised Finance and other financial innovations in the crypto economy are also discussed, and the book suggests a framework for regulatory consideration in this dynamic landscape in order to meet a balance of public interest objectives and private interests. By setting out a reform agenda in relation to economic and financial governance in the crypto economy, this forward-looking work argues for the extension of 'regulatory capitalism' to this perceived 'wild west' of an alternative economic space. It advances the message that an innovative regulatory agenda is needed to account for the economically disruptive and technologically transformative developments brought about by the crypto economy.