The open access publication of this book has been published with the support of the Swiss National Science Foundation.
Blockchain is the first global mechanism for the transfer and storage of value. Despite being conceived as an alternative to state and law, the technology and its use cases raise many legal questions, most notably, regarding jurisdiction and applicable law with respect to transactions and assets recorded on the blockchain.
The issue is complex given the decentralised nature of the network. In this volume, academics and practitioners from various countries try to provide detailed answers to these questions as they relate to crypto-assets, cryptocurrencies, crypto derivatives, stablecoins, Central Bank Digital Currencies and Decentralised Autonomous Organisations (DAOs), as well as specific transactions and issues, such as property rights, secured transactions, smart contracts and bankruptcy.
With specific chapters on national approaches (Germany, Japan, Liechtenstein, Switzerland, United States), the volume explores the need and possibility for legal harmonisation of these issues through global fora, such as the Hague Conference on Private International Law (HCCH) UNIDROIT.
List of Illustrations
Introduction: The Blockchain as a Challenge to Traditional Private International Law
Chapter 1 The Role and Prospects of Private International Law Harmonisation in the Area of DLT
Part 1 Fundamental Questions
Chapter 2 Technical Description of DLT for Conflicts Lawyers
Chapter 3 Should Crypto-Asset Regulation Be Technology-Neutral?
Chapter 4 Is Bitcoin out of Reach for Private International Law?
Chapter 5 Proprietary Rights in Digital Assets and the Conflict of Laws
Chapter 6 The Good, the Bad and the Ugly: The Private International Law, the Crypto Transactions and the Pseudonyms
Part 2 Blockchain Assets and Conflict of Laws: General Issues
Chapter 7 Taxonomy and Characterisation of Crypto Assets in Private International Law
Chapter 8 Crypto Assets and Decentralised Ledgers: Does Situs Actually Matter?
Chapter 9 The Law Applicable to Crypto Assets: What Policy Choices Are Ahead of Us?
Chapter 10 The Law Applicable to Digital Representations of Off-chain Assets
Chapter 11 Cryptocurrencies and Conflict of Laws
Part 3 Specific Blockchain Assets & Legal Relations
Chapter 12 The Law(s) Applicable to Central Bank Digital Currencies
Chapter 13 The Law Applicable to Stablecoins
Chapter 14 The Tort Law Applicable to the Protection of Crypto Assets
Chapter 15 International Insolvency Law and Cryptocurrencies
Chapter 16 The Law Governing Secured Transactions in Digital Assets
Chapter 17 Do Smart Contracts Need New Conflict-of-Laws Rules?
Chapter 18 Blockchain-based Negotiable Instruments: with Particular Reference to Bills of Lading and Investment Securities
Chapter 19 Conflict of Laws and the Use of Distributed Ledger Technology in Derivatives Markets
Part 4 Blockchain & Dispute Resolution
Chapter 20 Blockchain Dispute Resolution for Decentralized Autonomous Organizations: The Rise of Decentralized Autonomous Justice
Chapter 21 Recognition and Enforcement of the Outcome of Blockchain-Based Dispute Resolution
Part 5 National Reports
Chapter 22 Conflict of Laws and Tokens in Swiss Private International Law
Chapter 23 Blockchain and Private International Law – The Perspective of the United States of America
Chapter 24 A German Approach: Lex Supervisionis Registri and Subordinate Connecting Factors
Chapter 25 DLT and PIL from the Perspective of Liechtenstein
Chapter 26 Blockchain and Japanese Private International Law
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