Cryptocurrencies In Public And Private Law

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Cryptocurrencies in Public and Private Law

Author : Daniel J. Carr
Publisher :
ISBN 13 : 9780198826385
Total Pages : 0 pages
Book Rating : 4.8/5 (263 download)

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Book Synopsis Cryptocurrencies in Public and Private Law by : Daniel J. Carr

Download or read book Cryptocurrencies in Public and Private Law written by Daniel J. Carr and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Digital Assets and Blockchain Technology

Author : Daniel T. Stabile
Publisher : Edward Elgar Publishing
ISBN 13 : 1789907446
Total Pages : 392 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis Digital Assets and Blockchain Technology by : Daniel T. Stabile

Blockchain and Private International Law

Author : Andrea Bonomi
Publisher : BRILL
ISBN 13 : 9004514856
Total Pages : 807 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Blockchain and Private International Law by : Andrea Bonomi

Download or read book Blockchain and Private International Law written by Andrea Bonomi and published by BRILL. This book was released on 2023-11-13 with total page 807 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Handbook of Blockchain Law

Author : Matthias Artzt
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403518154
Total Pages : 342 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Handbook of Blockchain Law by : Matthias Artzt

Download or read book Handbook of Blockchain Law written by Matthias Artzt and published by Kluwer Law International B.V.. This book was released on 2020-07-16 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Digital Assets and Blockchain Technology

Author : Daniel T. Stabile
Publisher : Edward Elgar Publishing
ISBN 13 : 9781789907438
Total Pages : 384 pages
Book Rating : 4.9/5 (74 download)

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Book Synopsis Digital Assets and Blockchain Technology by : Daniel T. Stabile

Download or read book Digital Assets and Blockchain Technology written by Daniel T. Stabile and published by Edward Elgar Publishing. This book was released on 2020-07-31 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook examines the legal and regulatory approaches to digital assets and related technology taken by United States regulators. As cryptoassets and other blockchain applications mature, and regulatory authorities work hard to keep pace, Daniel Stabile, Kimberly Prior and Andrew Hinkes invite students to consider the legal approaches, challenges and tension points inherent in regulating these new products and systems. The authors explore the attempts to apply securities laws and money transmission regulation, the growth of smart contracts, the taxation of digital assets, and the intersection of digital assets and criminal law. This innovative and unique textbook features: * Commentary and analysis by three leading attorneys engaged with the regulation of digital assets and blockchain technology, offering practical, real-world acumen* A comprehensive overview of the origins, key features and mechanisms of blockchain technology, as well as a broad intimation of the divisive debates that will shape the future of digital assets, to guarantee a thorough introduction to the topic for students * Excerpts of authorities and other materials from key regulators, including the Financial Crimes Enforcement Network, the Securities and Exchange Commission, the Commodities Futures Trade Commission, and the Internal Revenue Service, to add insight and nuance to classroom discussions.In this, the first textbook of its kind, students of law, business, or technology will find crucial insights into the law and regulation of blockchain and a comprehensive overview of significant public debates on the topic.

Terrorist Use of Cryptocurrencies

Author : Cynthia Dion-Schwarz
Publisher : Rand Corporation
ISBN 13 : 1977402534
Total Pages : 99 pages
Book Rating : 4.9/5 (774 download)

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Book Synopsis Terrorist Use of Cryptocurrencies by : Cynthia Dion-Schwarz

Download or read book Terrorist Use of Cryptocurrencies written by Cynthia Dion-Schwarz and published by Rand Corporation. This book was released on 2019-03-26 with total page 99 pages. Available in PDF, EPUB and Kindle. Book excerpt: The success of counterterrorism finance strategies in reducing terrorist access to official currencies has raised concerns that terrorist organizations might increase their use of such digital cryptocurrencies as Bitcoin to support their activities. RAND researchers thus consider the needs of terrorist groups and the advantages and disadvantages of the cryptocurrency technologies available to them.

Legal Aspects of Central Bank Digital Currency: Central Bank and Monetary Law Considerations

Author : Wouter Bossu
Publisher : INTERNATIONAL MONETARY FUND
ISBN 13 : 9781513561622
Total Pages : 51 pages
Book Rating : 4.5/5 (616 download)

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Book Synopsis Legal Aspects of Central Bank Digital Currency: Central Bank and Monetary Law Considerations by : Wouter Bossu

Download or read book Legal Aspects of Central Bank Digital Currency: Central Bank and Monetary Law Considerations written by Wouter Bossu and published by INTERNATIONAL MONETARY FUND. This book was released on 2020-11-20 with total page 51 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper analyzes the legal foundations of central bank digital currency (CBDC) under central bank and monetary law. Absent strong legal foundations, the issuance of CBDC poses legal, financial and reputational risks for central banks. While the appropriate design of the legal framework will up to a degree depend on the design features of the CBDC, some general conclusions can be made. First, most central bank laws do not currently authorize the issuance of CBDC to the general public. Second, from a monetary law perspective, it is not evident that “currency” status can be attributed to CBDC. While the central bank law issue can be solved through rather straithforward law reform, the monetary law issue poses fundmental legal policy challenges.

Blockchains, Smart Contracts, Decentralised Autonomous Organisations and the Law

Author : Daniel Kraus
Publisher : Edward Elgar Publishing
ISBN 13 : 1788115139
Total Pages : 384 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Blockchains, Smart Contracts, Decentralised Autonomous Organisations and the Law by : Daniel Kraus

Download or read book Blockchains, Smart Contracts, Decentralised Autonomous Organisations and the Law written by Daniel Kraus and published by Edward Elgar Publishing. This book was released on 2019 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Cryptoassets

Author : Chris Brummer
Publisher : Oxford University Press
ISBN 13 : 0190077336
Total Pages : 376 pages
Book Rating : 4.1/5 (9 download)

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Book Synopsis Cryptoassets by : Chris Brummer

Download or read book Cryptoassets written by Chris Brummer and published by Oxford University Press. This book was released on 2019-09-12 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cryptoassets represent one of the most high profile financial products in the world, and fastest growing financial products in history. From Bitcoin, Etherium and Ripple's XRP-so called "utility tokens" used to access financial services-to initial coin offerings that in 2017 rivalled venture capital in money raised for startups, with an estimated $5.6 billion (USD) raised worldwide across 435 ICOs. All the while, technologists have hailed the underlying blockchain technology for these assets as potentially game changing applications for financial payments and record-keeping. At the same time, cryptoassets have produced considerable controversy. Many have turned out to be lacklustre investments for investors. Others, especially ICOs, have also attracted noticeable fraud, failing firms, and alarming lapses in information-sharing with investors. Consequently, many commentators around the world have pressed that ICO tokens be considered securities, and that concomitant registration and disclosure requirements attach to their sales to the public. This volume assembles an impressive group of scholars, businesspersons and regulators to collectively write on cryptoassets. This volume represents perspectives from across the regulatory ecosystem, and includes technologists, venture capitalists, scholars, and practitioners in securities law and central banking.

Bitcoin and Beyond

Author : Malcolm Campbell-Verduyn
Publisher : Routledge
ISBN 13 : 1351814079
Total Pages : 339 pages
Book Rating : 4.3/5 (518 download)

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Book Synopsis Bitcoin and Beyond by : Malcolm Campbell-Verduyn

Download or read book Bitcoin and Beyond written by Malcolm Campbell-Verduyn and published by Routledge. This book was released on 2017-11-28 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the launch of Bitcoin in 2009 several hundred different ‘cryptocurrencies’ have been developed and become accepted for a wide variety of transactions in leading online commercial marketplaces and the ‘sharing economy’, as well as by more traditional retailers, manufacturers, and even by charities and political parties. Bitcoin and its competitors have also garnered attention for their wildly fluctuating values as well as implication in international money laundering, Ponzi schemes and online trade in illicit goods and services across borders. These and other controversies surrounding cryptocurrencies have induced varying governance responses by central banks, government ministries, international organizations, and industry regulators worldwide. Besides formal attempts to ban Bitcoin, there have been multifaceted efforts to incorporate elements of blockchains, the peer-to-peer technology underlying cryptocurrencies, in the wider exchange, recording, and broadcasting of digital transactions. Blockchains are being mobilized to support and extend an array of governance activities. The novelty and breadth of growing blockchain-based activities have fuelled both utopian promises and dystopian fears regarding applications of the emergent technology to Bitcoin and beyond. This volume brings scholars of anthropology, economics, Science and Technology Studies, and sociology together with GPE scholars in assessing the actual implications posed by Bitcoin and blockchains for contemporary global governance. Its interdisciplinary contributions provide academics, policymakers, industry practitioners and the general public with more nuanced understandings of technological change in the changing character of governance within and across the borders of nation-states.

Regulating Blockchain

Author : Philipp Hacker
Publisher : Oxford University Press
ISBN 13 : 0192579509
Total Pages : 464 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Regulating Blockchain by : Philipp Hacker

Download or read book Regulating Blockchain written by Philipp Hacker and published by Oxford University Press. This book was released on 2019-08-01 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: Less than a decade after the Financial Crisis, we are witnessing the fast emergence of a new financial order driven by three different, yet interconnected, dynamics: first, the rapid application of technology - such as big data, machine learning, and distributed computing - to banking, lending, and investing, in particular with the emergence of virtual currencies and digital finance; second, a disintermediation fuelled by the rise of peer-to-peer lending platforms and crowd investment which challenge the traditional banking model and may, over time, lead to a transformation of the way both retail and corporate customers bank; and, third, a tendency of de-bureaucratisation under which new platforms and technologies challenge established organisational patterns that regulate finance and manage the money supply. These changes are to a significant degree driven by the development of blockchain technology. The aim of this book is to understand the technological and business potential of the blockchain technology and to reflect on its legal challenges. The book mainly focuses on the challenges blockchain technology has so far faced in its first application in the areas of virtual money and finance, as well as those that it will inevitably face (and is partially already facing, as the SEC Investigative Report of June 2017 and an ongoing SEC securities fraud investigation show) as its domain of application expands in other fields of economic activity such as smart contracts and initial coin offerings. The book provides an unparalleled critical analysis of the disruptive potential of this technology for the economy and the legal system and contributes to current thinking on the role of law in harvesting and shaping innovation.

Bitcoin

Author : Congressional Research Service
Publisher : CreateSpace
ISBN 13 : 9781507868393
Total Pages : 30 pages
Book Rating : 4.8/5 (683 download)

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Book Synopsis Bitcoin by : Congressional Research Service

Download or read book Bitcoin written by Congressional Research Service and published by CreateSpace. This book was released on 2015-01-28 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bitcoin first appeared in January 2009, the creation of a computer programmer using the pseudonym Satoshi Nakamoto. His invention is an open-source (its controlling computer code is open to public view), peer-to-peer (transactions do not require a third-party intermediary such as PayPal or Visa) digital currency (being electronic with no physical manifestation). The Bitcoin system is private, with no traditional financial institutions involved in transactions. Unlike earlier digital currencies that had some central controlling person or entity, the Bitcoin network is completely decentralized, with all parts of transactions performed by the users of the system. With a Bitcoin transaction there is no third-party intermediary. The buyer and seller interact directly (peer to peer), but their identities are encrypted and no personal information is transferred from one to the other. However, unlike a fully anonymous transaction, there is a transaction record. A full transaction record of every Bitcoin and every Bitcoin user's encrypted identity is maintained on the public ledger. For this reason, Bitcoin transactions are thought to be pseudonymous, not anonymous. Although the scale of Bitcoin use has increased substantially, it still remains small in comparison to traditional electronic payments systems, such as credit cards, and the use of dollars as a circulating currency. Congress is interested in Bitcoin because of concerns about its use in illegal money transfers, concerns about its effect on the ability of the Federal Reserve to meet its objectives (of stable prices, maximum employment, and financial stability), and concerns about the protection of consumers and investors who might use Bitcoin. Bitcoin offers users the advantages of lower transaction costs, increased privacy, and long-term protection of loss of purchasing power from inflation. However, it also has a number of disadvantages that could hinder wider use. These include sizable volatility of the price of Bitcoins, uncertain security from theft and fraud, and a long-term deflationary bias that encourages the hoarding of Bitcoins. In addition, Bitcoin raises a number of legal and regulatory concerns, including its potential for facilitating money laundering, its treatment under federal securities law, and its status in the regulation of foreign exchange trading.

Handbook of Blockchain, Digital Finance, and Inclusion, Volume 1

Author : David LEE Kuo Chuen
Publisher : Academic Press
ISBN 13 : 0128104422
Total Pages : 482 pages
Book Rating : 4.1/5 (281 download)

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Book Synopsis Handbook of Blockchain, Digital Finance, and Inclusion, Volume 1 by : David LEE Kuo Chuen

Download or read book Handbook of Blockchain, Digital Finance, and Inclusion, Volume 1 written by David LEE Kuo Chuen and published by Academic Press. This book was released on 2017-08-03 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: Handbook of Blockchain, Digital Finance, and Inclusion, Volume 1: Cryptocurrency, FinTech, InsurTech, and Regulation explores recent advances in digital banking and cryptocurrency, emphasizing mobile technology and evolving uses of cryptocurrencies as financial assets. Contributors go beyond summaries of standard models to describe new banking business models that will be sustainable and will likely dictate the future of finance. The volume not only emphasizes the financial opportunities made possible by digital banking, such as financial inclusion and impact investing, but it also looks at engineering theories and developments that encourage innovation. Its ability to illuminate present potential and future possibilities make it a unique contribution to the literature. Explores recent advances in digital banking and cryptocurrency, emphasizing mobile technology and evolving uses of cryptocurrencies as financial assets Explains the practical consequences of both technologies and economics to readers who want to learn about subjects related to their specialties Encompasses alternative finance, financial inclusion, impact investing, decentralized consensus ledger and applied cryptography Provides the only advanced methodical summary of these subjects available today

From Theory to Practice in Private International Law

Author : Justin Borg-Barthet
Publisher : Bloomsbury Publishing
ISBN 13 : 1509956654
Total Pages : 271 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis From Theory to Practice in Private International Law by : Justin Borg-Barthet

Download or read book From Theory to Practice in Private International Law written by Justin Borg-Barthet and published by Bloomsbury Publishing. This book was released on 2024-02-22 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, compiled in honour of the work and life of Professor Jonathan Fitchen, brings together preeminent scholars from across the private international law world to address a wide spectrum of subject matter in the discipline. It offers substantial new insights into our understanding of private international law from theory to practice. The contributions in the book analyse a variety of conceptual and substantive problems in private international law and consider current developments in the discipline, from conceptual analyses of the evolving nature and scope of private international law to substantive problems across a range of longstanding issues on which there is insufficient scholarly analysis. These include contemporary problems of great political importance, such as environmental protection, gender-based discrimination, asymmetries of private power, and the proper delineation of public and private intervention. The authors also address emerging problems in commercial law, such as cryptocurrencies, longstanding definitional concerns in family law, and broader emerging systemic concerns, such as the treatment of authentic instruments and the place of human rights protection in global supply chains. The book is a valuable resource for the judiciary, legal practitioners, policy makers, and scholars and students of private international law.

Virtual Currencies and Beyond

Author : Mr.Dong He
Publisher : International Monetary Fund
ISBN 13 : 149836327X
Total Pages : 42 pages
Book Rating : 4.4/5 (983 download)

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Book Synopsis Virtual Currencies and Beyond by : Mr.Dong He

Download or read book Virtual Currencies and Beyond written by Mr.Dong He and published by International Monetary Fund. This book was released on 2016-01-20 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt: New technologies are driving transformational changes in the global financial system. Virtual currencies (VCs) and the underlying distributed ledger systems are among these. VCs offer many potential benefits, but also considerable risks. VCs could raise efficiency and in the long run strengthen financial inclusion. At the same time, VCs could be potential vehicles for money laundering, terrorist financing, tax evasion and fraud. While risks to the conduct of monetary policy seem less likely to arise at this stage given the very small scale of VCs, risks to financial stability may eventually emerge as the new technologies become more widely used. National authorities have begun to address these challenges and will need to calibrate regulation in a manner that appropriately addresses the risks without stifling innovation. As experience is gained, international standards and best practices could be considered to provide guidance on the most appropriate regulatory responses in different fields, thereby promoting harmonization and cooperation across jurisdictions.

Blockchain and the Law

Author : Primavera De Filippi De Filippi
Publisher : Harvard University Press
ISBN 13 : 0674985915
Total Pages : 250 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis Blockchain and the Law by : Primavera De Filippi De Filippi

Download or read book Blockchain and the Law written by Primavera De Filippi De Filippi and published by Harvard University Press. This book was released on 2018-04-09 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since Bitcoin appeared in 2009, the digital currency has been hailed as an Internet marvel and decried as the preferred transaction vehicle for all manner of criminals. It has left nearly everyone without a computer science degree confused: Just how do you “mine” money from ones and zeros? The answer lies in a technology called blockchain, which can be used for much more than Bitcoin. A general-purpose tool for creating secure, decentralized, peer-to-peer applications, blockchain technology has been compared to the Internet itself in both form and impact. Some have said this tool may change society as we know it. Blockchains are being used to create autonomous computer programs known as “smart contracts,” to expedite payments, to create financial instruments, to organize the exchange of data and information, and to facilitate interactions between humans and machines. The technology could affect governance itself, by supporting new organizational structures that promote more democratic and participatory decision making. Primavera De Filippi and Aaron Wright acknowledge this potential and urge the law to catch up. That is because disintermediation—a blockchain’s greatest asset—subverts critical regulation. By cutting out middlemen, such as large online operators and multinational corporations, blockchains run the risk of undermining the capacity of governmental authorities to supervise activities in banking, commerce, law, and other vital areas. De Filippi and Wright welcome the new possibilities inherent in blockchains. But as Blockchain and the Law makes clear, the technology cannot be harnessed productively without new rules and new approaches to legal thinking.

Blockchain, Law and Governance

Author : Benedetta Cappiello
Publisher : Springer Nature
ISBN 13 : 3030527220
Total Pages : 303 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis Blockchain, Law and Governance by : Benedetta Cappiello

Download or read book Blockchain, Law and Governance written by Benedetta Cappiello and published by Springer Nature. This book was released on 2020-10-21 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.