Blockchain and Private International Law PDF Download

Author: Andrea Bonomi
Publisher: BRILL
ISBN: 9004514856
Category : Law
Languages : en
Pages : 807

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Book Description
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.

Author: Benedetta Cappiello
Publisher: Springer Nature
ISBN: 3030527220
Category : Law
Languages : en
Pages : 303

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Book Description
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.

Author: Daniel Kraus
Publisher: Edward Elgar Publishing
ISBN: 1788115139
Category : LAW
Languages : en
Pages : 384

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Book Description
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.

Author: Thomas Richter
Publisher: Kluwer Law International B.V.
ISBN: 9403541679
Category : Law
Languages : en
Pages : 443

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Book Description
Blockchain’s significant advances since 2020 – including a plethora of new use cases – have necessitated a comprehensive revision of the first edition of this matchless resource. While new chapters and topics have been added, the handbook still follows the systematic and structured approach of the first edition. Each contributor – all of them practitioners experienced with blockchain projects within their respective areas of expertise and specific jurisdictions – elucidates the implications of blockchain technology and related legal issues under such headings as the following: understanding blockchain from a technological point of view; regulatory aspects of blockchain; smart contracts; data privacy; capital markets; crypto asset regulation in Europe, the UK and the US; intellectual property; and antitrust law. The foundational chapter on the technical aspects of blockchain technology has been meticulously expanded to elucidate the proof of stake consensus mechanism alongside fresh insights into the ERC-721 Token Standard for non-fungible tokens, decentralized exchanges, staking, stablecoins, and central bank digital currencies. As blockchain law cements itself as a distinct legal field, this new edition is poised to be an invaluable asset for legal practitioners, in-house lawyers, IT professionals, consultancy firms, blockchain associations, and legal scholars. At a depth that allows non-IT experts to understand the groundwork for legal assessments, the handbook provides those charting the dynamic waters of this field of law with a compass, ensuring they are well-equipped to tackle the legal issues raised by the usage of blockchain technology.

Author: Mira Burri
Publisher: Cambridge University Press
ISBN: 110884359X
Category : Business & Economics
Languages : en
Pages : 407

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Book Description
An exploration of the current state of global trade law in the era of Big Data and AI. This title is also available as Open Access on Cambridge Core.

Author: Dean Armstrong KC
Publisher: Bloomsbury Publishing
ISBN: 1526521679
Category : Law
Languages : en
Pages : 457

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Book Description
Providing a comprehensive explanation of blockchain, cryptocurrency and the international regulation and challenges that apply, this book introduces the reader to the core topics, including: global regulation of blockchain and cryptoassets; the Internet of Things; the Right to be Forgotten and the right to erasure; environmental, social and governance metrics; smart contracts; initial coin offerings; data protection regulation; Decentralised Autonomous Organisations ('DAOs') and the Metaverse. Written by leading UK experts in cyber law, the Second Edition includes: - fungible and non-fungible cryptoassets ('NFTs') - remedy and tracing strategies - financial hygiene requirements that flow from anti-money laundering - counter-terrorist financing regulations. Explaining the fundamentals of blockchain and cryptocurrency in an accessible and understandable way, and sparking new thinking about how old problems can be solved in new ways, this book is essential reading for anyone wishing to have a wider understanding of this complex and evolving area of law. This title is included in Bloomsbury Professional's Cyber Law online service.

Author: Dean Armstrong
Publisher:
ISBN: 9781526508409
Category : Blockchains (Databases)
Languages : en
Pages : 359

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Book Description
"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.

Author: Pollicino, Oreste
Publisher: Edward Elgar Publishing
ISBN: 1839100796
Category : Law
Languages : en
Pages : 256

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Book Description
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.

Author: Andrew Hutchison
Publisher: Edward Elgar Publishing
ISBN: 178897106X
Category : Law
Languages : en
Pages : 368

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Book Description
This comprehensive Research Handbook examines the continuum between private ordering and state regulation in the lex mercatoria, highlighting constancy and change in this dynamic and evolving system in order to offer an in-depth discussion of international commercial contract law. International scholars from a range of jurisdictions and legal cultures across Africa, North America and Europe, dissect a plethora of contract types, including sale, insurance, shipping, credit, negotiable instruments and agency against the backdrop of key legal regimes commonly chosen in international agreements.

Author: Primavera De Filippi
Publisher: Harvard University Press
ISBN: 0674985915
Category : Law
Languages : en
Pages : 196

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Book Description
“Blockchains will matter crucially; this book, beautifully and clearly written for a wide audience, powerfully demonstrates how.” —Lawrence Lessig “Attempts to do for blockchain what the likes of Lawrence Lessig and Tim Wu did for the Internet and cyberspace—explain how a new technology will upend the current legal and social order... Blockchain and the Law is not just a theoretical guide. It’s also a moral one.” —Fortune Bitcoin has been hailed as an Internet marvel and decried as the preferred transaction vehicle for criminals. It has left nearly everyone without a computer science degree confused: how do you “mine” money from ones and zeros? The answer lies in a technology called blockchain. A general-purpose tool for creating secure, decentralized, peer-to-peer applications, blockchain technology has been compared to the Internet in both form and impact. Blockchains are being used to create “smart contracts,” to expedite payments, to make financial instruments, to organize the exchange of data and information, and to facilitate interactions between humans and machines. But by cutting out the middlemen, they run the risk of undermining governmental authorities’ ability to supervise activities in banking, commerce, and the law. As this essential book makes clear, the technology cannot be harnessed productively without new rules and new approaches to legal thinking. “If you...don’t ‘get’ crypto, this is the book-length treatment for you.” —Tyler Cowen, Marginal Revolution “De Filippi and Wright stress that because blockchain is essentially autonomous, it is inflexible, which leaves it vulnerable, once it has been set in motion, to the sort of unforeseen consequences that laws and regulations are best able to address.” —James Ryerson, New York Times Book Review