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Author: Jason G Allen
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
The report examines legal and regulatory challenges arising from the emergence of digital assets. The aim is to frame future legal and regulatory discussions around digital assets, as well as to identify general trends and concepts across jurisdictions rather than to provide granular analysis of any given jurisdiction's legal position.Key highlights:- Existing taxonomies of digital assets developed by national and international authorities have failed to fully capture the relevant features of digital assets and the true novelty introduced by crypto assets. Regulatory authorities should focus on the substance of the underlying asset and the rights associated with it, rather than its form, unless the form changes the substantive nature of the asset.- Digital assets, for the most part, pertain to existing and well-known legal concepts: they effectively represent a set of rights embodied in a new digital form. Consequently, the regulatory perimeter for regulating digital assets and associated activities should be determined by identifying the legal concept(s) behind a given digital asset.- However, digital assets may warrant adjustment or revisions to existing legislation, in particular whether digital assets are fitting objects of property rights. Generally, further clarification may be needed from national legislatures on the legal recognition of purely digital objects to understand whether (and how) dealing with a digital token has legal consequences for real world rights. In particular whether intangible, digital representation can be recognized as an object of property rights.
Author: Jason G Allen
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
The report examines legal and regulatory challenges arising from the emergence of digital assets. The aim is to frame future legal and regulatory discussions around digital assets, as well as to identify general trends and concepts across jurisdictions rather than to provide granular analysis of any given jurisdiction's legal position.Key highlights:- Existing taxonomies of digital assets developed by national and international authorities have failed to fully capture the relevant features of digital assets and the true novelty introduced by crypto assets. Regulatory authorities should focus on the substance of the underlying asset and the rights associated with it, rather than its form, unless the form changes the substantive nature of the asset.- Digital assets, for the most part, pertain to existing and well-known legal concepts: they effectively represent a set of rights embodied in a new digital form. Consequently, the regulatory perimeter for regulating digital assets and associated activities should be determined by identifying the legal concept(s) behind a given digital asset.- However, digital assets may warrant adjustment or revisions to existing legislation, in particular whether digital assets are fitting objects of property rights. Generally, further clarification may be needed from national legislatures on the legal recognition of purely digital objects to understand whether (and how) dealing with a digital token has legal consequences for real world rights. In particular whether intangible, digital representation can be recognized as an object of property rights.
Author: Daniel T. Stabile
Publisher: Edward Elgar Publishing
ISBN: 1789907446
Category : Law
Languages : en
Pages : 392
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Book Description
This key textbook examines the financial growth and success of digital assets in the contemporary economy. As digital assets and other blockchain applications mature, and regulatory authorities work hard to keep pace, three leading attorneys in the field invite students to consider the legal frameworks pertinent to regulating this new method of exchange. In this, the first textbook of its kind, the authors explore the growth of smart contracts, the application of securities laws to token sales, the regulation of virtual currency businesses, the taxation of digital assets and the intersection of digital assets and criminal law.
Author: Andrew Haynes
Publisher: Taylor & Francis
ISBN: 1000064042
Category : Law
Languages : en
Pages : 214
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Book Description
This book examines the legal and regulatory aspects of cryptocurrency and blockchain and the emerging practical issues that these issues involve. The analysis covers a range of advanced economies across the world, in America, Europe and Asia. The book describes, explains and analyses the nature of cryptocurrencies and the blockchain systems they are constructed on in these major world economies and considers relevant law and regulation and their shortcomings. It will be of use and interest to academics, lawyers, regulators and anyone involved with cryptocurrencies and blockchain.
Author: Charles Kerrigan
Publisher:
ISBN: 9780414115118
Category :
Languages : en
Pages : 0
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Book Description
Author: Filippo Zatti
Publisher: Taylor & Francis
ISBN: 1003853323
Category : Business & Economics
Languages : en
Pages : 265
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Book Description
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.
Author: Jeffrey H. Matsuura
Publisher: Bentham Science Publishers
ISBN: 1681082233
Category : Law
Languages : en
Pages : 114
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Book Description
Digital or ‘virtual’ currencies pose significant challenges for government, financial and legal institutions because of their non-physical nature and their relative anonymity to physical currency. These attributes make this form of exchange extremely volatile and, at the same time, attractive to criminals. Many countries around the world have, therefore issued warnings against the use of digital currencies and have enacted laws to regulate and in some cases, restrict their use among members under their respective jurisdictions. Digital Currency: An International Legal and Regulatory Compliance Guide serves as a primer for both general and specialized readers, as well as business law and e-commerce teachers and students, to recognize and understand the extensive network of laws and regulations already in place around the world which have a profound impact on the creation, distribution and use of digital currency and blockchain technology. The book is also a compliance guide assisting legal practitioners in the fields of business, law, and technology to develop, implement, manage, and maintain strategies, policies, practices, and procedures to ensure that their activities involving digital currency and blockchain technology comply with a complex set of legal requirements in several jurisdictions. The book addresses both the complex set of existing laws that have a profound impact on digital currencies and blockchain technology, and the emerging new legal requirements directed specifically towards digital currency. Readers will understand the broad implications of laws and regulations on digital currency and blockchain development and its use, and will also be equipped with the knowledge to incorporate these effectively into their professional and personal endeavors. This entails maximizing the value of digital currency and blockchain technology while also minimizing their risk of adverse legal consequences. Additionally, policymakers seeking to enforce current legislations or wishing to draft appropriate new regulations in the digital currency and blockchain economy will also benefit from the information provided in this book.
Author: Edward J. Swan
Publisher: Kluwer Law International B.V.
ISBN: 9403543868
Category : Law
Languages : en
Pages : 488
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Book Description
Digital assets are increasingly becoming subject to national and international regulatory scrutiny. This timely book provides an overview of how, as digital asset markets expand, governments in a wide range of jurisdictions are responding to them. In addition to chapters on specific urgent challenges of regulating cybercurrency activity, there are separate chapters detailing regulatory developments and trends in each of eight major jurisdictions—the United States, the European Union, the United Kingdom, China, India, Japan, South Korea, and Singapore—as well as a chapter on crypto regulation in a selection of other countries. The book thoroughly covers the impact of digital assets business-connected technologies on such important policy areas as the following: consumer protection; data privacy and security; financial stability and systemic risk; crime; national security; human rights; financial inclusion and equity; and energy demand and climate change. For each of these areas and more, steps taken to regulate the marketing of digital assets both generally and in each of the covered jurisdictions are extensively described, with information on applicable legal forums and remedies. Because the rapid evolution and volatility of the crypto markets have left regulators struggling to keep pace, this deeply researched and informed survey of current and trending regulatory measures taken worldwide will prove of inestimable value to practitioners and regulators handling any aspect of digital asset business and will remain of great worth for the foreseeable future.
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: Emilios Avgouleas
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110749475
Category : Law
Languages : en
Pages : 291
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Book Description
Global finance is in the middle of a radical transformation fueled by innovative financial technologies. The coronavirus pandemic has accelerated the digitization of retail financial services in Europe. Institutional interest and digital asset markets are also growing blurring the boundaries between the token economy and traditional finance. Blockchain, AI, quantum computing and decentralised finance (DeFI) are setting the stage for a global battle of business models and philosophies. The post-Brexit EU cannot afford to ignore the promise of digital finance. But the Union is struggling to keep pace with global innovation hubs, particularly when it comes to experimenting with new digital forms of capital raising. Calibrating the EU digital finance strategy is a balancing act that requires a deep understanding of the factors driving the transformation, be they legal, cultural, political or economic, as well as their many implications. The same FinTech inventions that use AI, machine learning and big data to facilitate access to credit may also establish invisible barriers that further social, racial and religious exclusion. The way digital finance actors source, use, and record information presents countless consumer protection concerns. The EU’s strategic response has been years in the making and, finally, in September 2020 the Commission released a Digital Finance Package. This special issue collects contributions from leading scholars who scrutinize the challenges digital finance presents for the EU internal market and financial market regulation from multiple public policy perspectives. Author contributions adopt a critical yet constructive and solutions-oriented approach. They aim to provide policy-relevant research and ideas shedding light on the complexities of the digital finance promise. They also offer solid proposals for reform of EU financial services law.
Author: V. Gerard Comizio
Publisher: Aspen Publishing
ISBN: 1543831095
Category : Law
Languages : en
Pages : 403
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Book Description
Virtual Currency Law: The Emerging Legal and Regulatory Framework by V. Gerard Comizio is one of the first casebooks to explore the emerging legal and regulatory framework governing virtual currency activities under a wide range of federal and state laws, including securities, banking, commodities, money transmission, payments systems, commercial, anti-money laundering, fintech, cyber and data security, tax, Constitutional and international laws. Virtual Currency Law is one of the first books specifically suited for use in a law school course exploring the emerging legal and regulatory framework governing virtual currency activities. Since the advent of the first virtual currency (Bitcoin) in 2008, a new global financial ecosystem has emerged, composed of an increasing number and variety of digital assets. In this context, the book explores how governments, regulators and legal experts are increasingly looking to existing securities, banking, commodities, money transmission, payment systems, commercial, anti-money laundering, fintech, cyber and data security, tax, Constitutional and international laws to address the unique, novel, and complex issues presented by virtual currency. The book also explores how the ubiquitous nature of virtual currency has led to it being viewed as the legal and regulatory equivalent of a wide range of traditional corporate and financial services products, services, activities, and investments. Highlights of the First Edition: One of the first legal textbooks to address the wide range of emerging virtual currency law and regulation Chapter by chapter coverage of major areas of emerging corporate and financial institutions law and regulation governing virtual currency-related products, services, investments, and activities Cutting edge materials on emerging Constitutional law issues Professors and students will benefit from: Each chapter generally begins with a basic introduction to the fundamental legal and regulatory legal framework of the respective areas of law being applied to virtual currency. As such, for students, it is not only a useful primer on virtual currency regulation, but also provides a basic understanding of major areas of corporate and financial institutions laws. for professors who are not experts in all areas of law and regulation covered in the book, these chapter introductions will help provide a better understanding of the materials. The chapters, organized by the area of law and regulation analyzed, also provide useful comparative analysis of similar concepts under other laws and regulations discussed in other chapters. To provide a broader context and understanding of the materials presented, the book also covers current developments in policy areas related to virtual currency, including developments in government-backed virtual currencies, emerging quantum computer cyber threats to the blockchain and emerging free speech issues regarding social media restraints on virtual currency activities.
