scholarly journals Functional Equivalence: An Exploration Through Shortcomings to Solutions

2019 ◽  
Vol 12 (2) ◽  
pp. 134-162
Author(s):  
Anne Veerpalu

Abstract Since the emergence of cyberspace there have been different legal principles evolving, such as functional equivalence and technology-neutrality, with the aim to ease the regulator´s challenge of coping with the new paradigm of virtual, digital and electronic. Currently our societies have reached the doorstep of another similar disruption: infrastructures decentralized on the basis of blockchain and distributed ledger technology, or so-called cryptoeconomics. It is time to turn to cyberspace-related principles for inspiration on how to solve similar concerns, such as applying existing regulation(s) to new technological disruption. This article looks at different understandings of the functional equivalence principle, its shortcomings and the guidance it provides to regulators and courts in dealing with the challenges related to technological innovation including that of cryptoeconomics.

Ledger ◽  
2019 ◽  
Vol 4 ◽  
Author(s):  
Evangelos Benos ◽  
Rodney Garratt ◽  
Pedro Gurrola-Perez

We apply economic principles to understand how distributed ledger technology (DLT) might impact the innovation process and eventual market structure in the security settlement industry. Our main conclusions are that:  i) Although DLT has the potential to significantly reduce costs in securities settlement, implementation is challenging, ii) technological innovation in the post-trade industry is more likely to succeed with some degree of coordination, which could be facilitated by the relevant authorities, and iii) DLTbased securities settlement is likely to be concentrated among few providers which, absent any regulation, could result in inefficient monopoly pricing or efficient price discrimination with service providers capturing much of the market surplus


2021 ◽  
Vol 190 ◽  
pp. 571-581
Author(s):  
Seryozha E. Melkonyan ◽  
Natali A. Galoyan ◽  
Anna N. Norkina ◽  
Pavel Yu. Leonov

Computers ◽  
2021 ◽  
Vol 10 (7) ◽  
pp. 89
Author(s):  
Annegret Henninger ◽  
Atefeh Mashatan

The global supply chain is a network of interconnected processes that create, use, and exchange records, but which were not designed to interact with one another. As such, the key to unlocking the full potential of supply chain management (SCM) technologies is achieving interoperability across participating records systems and networks. We review existing research and solutions using distributed ledger technology (DLT) and provide a survey of its current state of practice. We additionally propose a holistic solution: a DLT-based interoperable future state that could enable the interoperable, efficient, reliable, and secure exchange of records with integrity. Finally, we provide a gap analysis between our proposed future state and the current state, which also serves as a gap analysis for many fractional DLT-based SCM solutions and research.


Author(s):  
Terry W. Griffin ◽  
Keith D. Harris ◽  
Jason K. Ward ◽  
Paul Goeringer ◽  
Jessica A. Richard

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