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Blockchain, Law and Governance

Edited by: Benedetta Cappiello, Gherardo Carullo

ISBN13: 9783030527242
Published: October 2021
Publisher: Springer International
Country of Publication: Switzerland
Format: Paperback (Hardback in 2020)
Price: £139.99



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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.

Subjects:
Blockchain and Cryptocurrency
Contents:
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