
Blockchains, Smart Contracts, Decentralised Autonomous Organisations and the Law
Edward Elgar Publishing
Published on 26. April 2019
Book
Hardback
384 pages
978-1-78811-512-4 (ISBN)
Description
The growth of Blockchain technology presents a number of legal questions for lawyers, regulators and industry participants alike. This book identifies the legal challenges posed by cryptocurrencies, smart contracts and other applications of Blockchain, questioning whether these challenges can be addressed within the current legal system, or whether significant changes are required.
Chapters assess how Blockchain's many applications will affect different areas of law, including contract, criminal, financial and private international law. Contributors analyse how these fields of law may need to adapt to accommodate Blockchain technology, proposing possible solutions and ways forward. Several chapters are based on the Swiss legal framework as it allows market participants the widest freedom to operate in Blockchains and cryptocurrencies. Overall, this illuminating work highlights the importance of creating a regulatory structure that will allow Blockchain technologies to develop, whilst also ensuring they are not abused. The conclusions of this book are however quite reassuring, with contributing authors suggesting that although disruptive, the challenges brought about by the 'Blockchain revolution' can, for the most part, be effectively addressed within the law as we know it.
This book will be a valuable resource for practising lawyers and academic researchers who are interested in understanding more about how legal and regulatory systems will be affected by the implementation of Blockchain technologies.
Contributors include: A. Alberini, V. Botteron, C. Boulay, N. Capus, B. Carron, P. Delimatsis, F. Guillaume, O. Hari, B. Homsy, D. Kraus, M. Le Boudec, V. Mignon, T. Obrist, V. Pfammatter, R.A. Pfister, V. Salomon, P. Witzig
Chapters assess how Blockchain's many applications will affect different areas of law, including contract, criminal, financial and private international law. Contributors analyse how these fields of law may need to adapt to accommodate Blockchain technology, proposing possible solutions and ways forward. Several chapters are based on the Swiss legal framework as it allows market participants the widest freedom to operate in Blockchains and cryptocurrencies. Overall, this illuminating work highlights the importance of creating a regulatory structure that will allow Blockchain technologies to develop, whilst also ensuring they are not abused. The conclusions of this book are however quite reassuring, with contributing authors suggesting that although disruptive, the challenges brought about by the 'Blockchain revolution' can, for the most part, be effectively addressed within the law as we know it.
This book will be a valuable resource for practising lawyers and academic researchers who are interested in understanding more about how legal and regulatory systems will be affected by the implementation of Blockchain technologies.
Contributors include: A. Alberini, V. Botteron, C. Boulay, N. Capus, B. Carron, P. Delimatsis, F. Guillaume, O. Hari, B. Homsy, D. Kraus, M. Le Boudec, V. Mignon, T. Obrist, V. Pfammatter, R.A. Pfister, V. Salomon, P. Witzig
More details
Language
English
Place of publication
Cheltenham
United Kingdom
Target group
Professional and scholarly
Dimensions
Height: 234 mm
Width: 156 mm
ISBN-13
978-1-78811-512-4 (9781788115124)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Persons
Edited by Daniel Kraus, Thierry Obrist and Olivier Hari, Professors and Attorneys, University of Neuchatel, Switzerland
Content
Contents:
Foreword
Daniel Kraus, Olivier Hari and Thierry Obrist
Introduction
Daniel Kraus
1. Blockchains - Perspectives and challenges
Vincent Mignon
2. Cutting out the middleman: A case study of blockchain-technology induced reconfigurations in the Swiss financial services industry
Pascal Witzig and Victoriya Salomon
3. Aspects of Private International Law Related to Blockchain Transactions
Florence Guillaume
4. When Disruptive Meets Streamline: International Standardization in Blockchain
Panagiotis Delimatsis
5. How Smart Can a Contract Be?
Blaise Carron and Valentin Botteron
6. Aspects of Swiss financial Regulation
Biba Homsy
7. The protection of cryptocurrencies' owner : Selected aspects of Swiss financial market and bankruptcy law in relation to the treatment of cryptocurrencies in bankruptcy proceedings, in particular bitcoin
Olivier Hari
8. Blockchains, Smart Contracts, Decentralised Autonomous Organisations and the Law: Perspectives of a Distributed Future: Aspects of Criminal Law
Nadja Capus and Maelle Le Boudec
9. Blockchains: Aspects of Intellectual Property Law
Daniel Kraus and Charlotte Boulay
10. Blockchain and Data Protection
Adrien Alberini and Vincent Pfammatter
11. Tax Treatment of Cryptocurrency Holders and Miners in the Era of Virtual Currencies from a Multijurisdictional and Swiss Perspective
Thierry Obrist and Roland A. Pfister
Index
Foreword
Daniel Kraus, Olivier Hari and Thierry Obrist
Introduction
Daniel Kraus
1. Blockchains - Perspectives and challenges
Vincent Mignon
2. Cutting out the middleman: A case study of blockchain-technology induced reconfigurations in the Swiss financial services industry
Pascal Witzig and Victoriya Salomon
3. Aspects of Private International Law Related to Blockchain Transactions
Florence Guillaume
4. When Disruptive Meets Streamline: International Standardization in Blockchain
Panagiotis Delimatsis
5. How Smart Can a Contract Be?
Blaise Carron and Valentin Botteron
6. Aspects of Swiss financial Regulation
Biba Homsy
7. The protection of cryptocurrencies' owner : Selected aspects of Swiss financial market and bankruptcy law in relation to the treatment of cryptocurrencies in bankruptcy proceedings, in particular bitcoin
Olivier Hari
8. Blockchains, Smart Contracts, Decentralised Autonomous Organisations and the Law: Perspectives of a Distributed Future: Aspects of Criminal Law
Nadja Capus and Maelle Le Boudec
9. Blockchains: Aspects of Intellectual Property Law
Daniel Kraus and Charlotte Boulay
10. Blockchain and Data Protection
Adrien Alberini and Vincent Pfammatter
11. Tax Treatment of Cryptocurrency Holders and Miners in the Era of Virtual Currencies from a Multijurisdictional and Swiss Perspective
Thierry Obrist and Roland A. Pfister
Index