Blockchain, Law and Governance

Author: Benedetta Cappiello; Gherardo Carullo
Publisher: Springer International
ISBN: 9783030527242
Published In: October 2021
Format: Paperback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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.

Introduction: The Challenges and Opportunities of Blockchain Technologies

Part I: Understanding Blockchain: the Legal Perspective

Blockchain Based Organizations and the Governance of On-Chain and Off-Chain Rules: Towards Autonomous (Legal) Orders?

The Role of Blockchain in the Public Sector: An Overview

Some Historical and Philosophical Remarks on the Rule of Law in the Time of Automation

Solving Cryptographic Puzzles: How to Mine?

Part II: Governance and Regulatory Issues

Cyberspace, Blockchain, Governance: How Technology Implies Normative Power and Regulation

Blockchain: The Regulatory Challenges for Central Banks and Financial Sector

Blockchain-Based Financial Investments and the Role of Regulatory Authorities: The Italian Perspective

Are VAT Rules Really Inadequate for Distributed Ledger Technology's Transactions?

Blockchain and Comparative Law

Part III: Smart Contracts and Dispute Resolution

Smart (Legal) Contracts, or: Which (Contract) Law for Smart Contracts?

Smart (Legal) Contracts: Forum and Applicable Law Issues

Integrating Smart Contracts with the Legacy Legal System: A US Perspective

About Smart Contract Dispute Resolution.- Smart Contracts, ODR and the New Landscape of the Dispute Resolution Market

Blockchain, Smart Contracts and New Certainties: What Future for Notaries?

Part IV: The "Sustainable" Applications of Blockchain.- Introduction to Distributed Ledger Technologies for Social, Development, and Humanitarian Impact

Blockchain, Earth Observation and Intelligent Data Systems: Implications and Opportunities for the Next Generation of Digital Services

Justice for All: Jur's Open Layer as a Case Study, Towards a More Open and Sustainable Approach

Blockchain and the GDPR: New Challenges for Privacy and Security

Part V: Conclusions

Blockchain, Law and Governance: General Conclusion