Regulating Blockchain

2019 ◽  
Keyword(s):  
General Purpose ◽  
Securities Regulation ◽  
Blockchain Technology ◽  
Legal Implications ◽  
Depth Analysis ◽  
Points Of View ◽  
The Law ◽  
Political Economic ◽  
The Relationship ◽  
Corporate Insurance

This collection provides an in-depth analysis of the intersection between blockchain technology and the law. Covering EU, US, and Asian jurisdictions, it assesses the necessities of and opportunities for the regulation of blockchain technology in a range of key legal fields, such as competition law, securities regulation, corporate, insurance, contract, and data protection law. Instead of postulating the disruptive superiority of distributed ledger technology across potential areas of application, however, the volume offers a nuanced treatment of use cases ranging from early applications in finance to ICOs, alternative dispute resolution platforms, and smart contracts. It takes a distinct techno-social perspective in understanding the legal implications of blockchain technology as a possible new general-purpose technology. The interaction of blockchain technology with the legal system raises key questions concerning governance and government, private order and state authority, and the relationship between different ‘calculative’ spaces for assessing and allocating value. These questions do not only have a long pedigree, they are also acutely relevant to our immediate future. By drawing on technological, political, economic, and legal points of view, the volume shows why blockchain matters for societies, and why the law matters for blockchain.

scholarly journals Locked And Tied: Locking Chain And Change Of Problems

2021 ◽  
Vol 3 (1) ◽  
pp. 18-27
Author(s):  
Kartini ◽  
Alfiah Khoirunisa ◽  
Raihan
Keyword(s):  
The Political ◽  
Freedom Of Information ◽  
Blockchain Technology ◽  
The Law ◽  
Democratic Ideals ◽  
The Relationship

Blockchains are typically named as democratisation technologies, however ever, their relationship with the law and general democratic establishments remains uncertain. First, it compares blockchain technology with the broader theory of transparency. Second, it examines the link between transparency and democracy, and asks how blockchain technology mediates these relationships. Finally, it studies blockchain however technology affects specific manifestations of transparency and freedom of information. The conclusion of this text is that the relationship between transparency and democratic ideals is complex, controversial, and extremely contextual; the “democratized” technical transparency embedded within the blockchain will simply be evidenced in its application. It's undemocratic. while not considering the political gatekeepers and also the legal, social, and cultural desires that support these goals, blockchain technology cannot bring home the bacon the broader goals of transparency.

Conflicts of Laws and Codes

2019 ◽  
pp. 275-288
Author(s):  
Florian Möslein
Keyword(s):  
Smart Contracts ◽  
Legal Institutions ◽  
Conflict Of Laws ◽  
Blockchain Technology ◽  
Computer Codes ◽  
The Law ◽  
The Relationship

Blockchain technology promises to perform tasks that have traditionally been assigned to the law and the realm of legal institutions. Smart contracts create agreements that are both automatable by computers and enforceable via the tamper-proof execution of computer codes. Based on such smart contracts, some providers of blockchain technologies offer ‘to act as a digital jurisdiction’. The promise seems to be that law of the relevant jurisdiction is entirely substituted by the rules codified in the blockchain. However, even if it has often been argued that the ‘Code Is Law’, the law is not—and arguably never will be—entirely redundant. Therefore, the challenge is to identify the boundaries of such digital jurisdictions by clarifying the relationship between law and code and to develop new principles for conflicts of laws or rather principles for the conflict of laws and codes.

scholarly journals ON THE QUESTION OF THE CONCEPT OF «SOCIAL WELL-BEING»

2021 ◽  
Vol 230 (4) ◽  
pp. 312-318
Author(s):  
A.V. SMETANIN ◽  
◽  
L.M. SMETANINA ◽  
Keyword(s):  
Human Development ◽  
Analytical Approach ◽  
External Environment ◽  
Well Being ◽  
The Arctic ◽  
Russian Arctic ◽  
Problem Statement ◽  
Depth Analysis ◽  
Points Of View ◽  
The Relationship

The article considers the points of view of scientists from different universities from the southern to the Northern Arctic on the concept of "social well-being". Taking into account the geostrategic significance of the development of the Arctic, a more in-depth analysis is given to the study of V. K. Mokshin and O. V. Shepelik "Social well-being of the population of the Russian Arctic: towards a problem statement". Their conceptual and analytical approach to the interpretation of the concept of "social well-being"is emphasized. At the same time, attention is drawn to the relationship in human development, its internal cognitive – psychological heredity and the external environment.

I. Recent Cases: Case Concerning the Gabcïkovo-Nagymaros Project (Hungary/Solvakia)

1998 ◽  
Vol 47 (3) ◽  
pp. 688-697 ◽  
Author(s):  
Malcolm D. Evans ◽  
Phoebe N. Okowa
Keyword(s):  
General Interest ◽  
International Court Of Justice ◽  
Legal Implications ◽  
International Court ◽  
Injunctive Relief ◽  
Specific Performance ◽  
The Status ◽  
The Law ◽  
To Come ◽  
The Relationship

The dispute between Hungary and Slovakia concerning the Gabcïkovo-Nagymaros project could easily be described as one of the most important cases to come before the International Court of Justice (“the Court”) in recent years. The case raised a number of very important questions of international law, many of which had received no previous consideration in the Court's jurisprudence. In the first place, the Court was asked by both parties for orders of specific performance. Although the competence of the Court to issue orders of specific performance or injunctive relief had been the subject matter of much discussion in the academic literature, the issue had never before been raised squarely before the Court. Second, this was the first dispute in which the Court was directly asked to consider the consequences of the legal developments in the field of environmental protection. Despite the proliferation of treaty developments in that field, the status of many of those norms remains problematic Third, although the relationship between the law of treaties and the law of State responsibility has generated much general interest, the Court had not in the past been presented with an opportunity to pronounce on some of these issues. Finally, this is also one of the few cases in which the Court has been asked to consider the legal implications of State succession outside the context of decolonisation.

A Comparative Overview of the Fair Wear and Tear Exception: the Duty of Holders of Temporary Interests to Preserve Property

2002 ◽  
Vol 6 (1) ◽  
pp. 85-100
Author(s):  
Raffaele Caterina
Keyword(s):  
Common Core ◽  
Complete Solution ◽  
Roman Law ◽  
Private Ownership ◽  
Legal Systems ◽  
Personal Rights ◽  
Wear And Tear ◽  
Long Life ◽  
The Law ◽  
The Relationship

“A system of private ownership must provide for something more sophisticated than absolute ownership of the property by one person. A property owner needs to be able to do more than own it during his lifetime and pass it on to someone else on his death.”1 Those who own things with a long life quite naturally feel the urge to deal in segments of time. Most of the owner's ambitions in respect of time can be met by the law of contract. But contract does not offer a complete solution, since contracts create only personal rights. Certain of the owner's legitimate wishes can be achieved only if the law allows them to be given effect in rem—that is, as proprietary rights. Legal systems have responded differently to the need for proprietary rights limited in time. Roman law created usufruct and other iura in re aliena; English law created different legal estates. Every system has faced similar problems. One issue has been the extent to which the holder of a limited interest should be restricted in his or her use and enjoyment in order to protect the holders of other interests in the same thing. A common core of principles regulates the relationship between those who hold temporary interests and the reversioners. For instance, every system forbids holder of the possessory interest to damage the thing arbitrarily. But other rules are more controversial. This study focuses upon the rules which do not forbid, but compel, certain courses of action.

Research and approaches to the integration processes in the European Union

2017 ◽  
pp. 126-133
Author(s):  
Alexander Motsyk
Keyword(s):  
Political Parties ◽  
The European Union ◽  
Goods And Services ◽  
Country Level ◽  
Fourth Level ◽  
Methodological Principles ◽  
Political Economic ◽  
The Relationship ◽  
Political Groups ◽  
Integration Levels

The article is devoted to the study of modern trends of integration processes. We studied the methodological principles and approaches to the study of the integration of subjects. Specifically analyzed integration levels: individual, regional, domestic, interstate, global. Also, isolated and characterized various forms of integration: political, economic, informational, cultural and others. We analyzed the integration process as a result of the relationship, cooperation, convergence and integration into a single unit of any parts, components countries, their economies, social and political structures, cultural, social and political groups, ethnic groups, political parties, movements and organizations. It is proved that integration has several levels of development. Interaction at the level of enterprises and organizations (first level) – directly to producers of goods and services. The integration of the economies of the main links of different countries is complemented by the interaction at the country level (the second level). The third level of development of integration processes – interaction at the level of parties and organizations, social groups and individuals from different countries – can be defined as a social and political one. Fourth level – is the level of the actual integration group as an economic community, with its characteristics and peculiarities. It was noted that today is used by political science approaches to the study of integration. It is important to the following principles: federalism, functionalism, communicative approach, and others. Keywords: Integration, levels, approaches, studies, European integration, politics, economics, features

Parliamentarism and the Legislative Branch

2017 ◽  
Author(s):  
András Sajó ◽  
Renáta Uitz
Keyword(s):  
Decision Making ◽  
Political Parties ◽  
Legislative Branch ◽  
Effective Decision ◽  
The Law ◽  
Internal Operations ◽  
Effective Decision Making ◽  
The Relationship ◽  
Law Making

This chapter examines the relationship between parliamentarism and the legislative branch. It explores the evolution of the legislative branch, leading to disillusionment with the rationalized law-making factory, a venture run by political parties beyond the reach of constitutional rules. The rise of democratically bred party rule is positioned between the forces favouring free debate versus effective decision-making in the legislature. The chapter analyses the institutional make-up and internal operations of the legislature, the role of the opposition in the legislative assembly, and explores the benefits of bicameralism for boosting the powers of the legislative branch. Finally, it looks at the law-making process and its outsourcing via delegating legislative powers to the executive.

The Obligation to Afford Reparation to Injured Individuals

2017 ◽  
Author(s):  
Carla Ferstman
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Treaties ◽  
The Law ◽  
The Right ◽  
Right Of Access ◽  
The Relationship

This chapter considers the consequences of breaches of human rights and international humanitarian law for the responsible international organizations. It concentrates on the obligations owed to injured individuals. The obligation to make reparation arises automatically from a finding of responsibility and is an obligation of result. I analyse who has this obligation, to whom it is owed, and what it entails. I also consider the right of individuals to procedures by which they may vindicate their right to a remedy and the right of access to a court that may be implied from certain human rights treaties. In tandem, I consider the relationship between those obligations and individuals’ rights under international law. An overarching issue is how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and particularly, their application to individuals.

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