Token law and markets

Token law and markets
Author: Ibáñez Jiménez, Javier Wenceslao
Publisher: Editorial Reus
Total Pages: 198
Release: 2021-10-14
Genre: Law
ISBN: 8429025480

Esta monografía sobre derecho de tokens y tokenomics muestra los avances en el derecho de tokens americano y europeo, haciendo hincapié en las cuestiones esenciales que plantea la nueva Estrategia de Finanzas Digitales para DeFi y para los mercados de tokens, englobando las tres Propuestas de Regulaciones.

Crypto-Finance, Law and Regulation

Crypto-Finance, Law and Regulation
Author: Joseph Lee
Publisher: Routledge
Total Pages: 215
Release: 2022-02-17
Genre: Law
ISBN: 0429657315

Crypto-Finance, Law and Regulation investigates whether crypto-finance will cause a paradigm shift in regulation from a centralised model to a model based on distributed consensus. This book explores the emergence of a decentralised and disintermediated crypto-market and investigates the way in which it can transform the financial markets. It examines three components of the financial market – technology, finance, and the law – and shows how their interrelationship dictates the structure of a crypto-market. It focuses on regulators’ enforcement policies and their jurisdiction over crypto-finance operators and participants. The book also discusses the latest developments in crypto-finance, and the advantages and disadvantages of crypto-currency as an alternative payment product. It also investigates how such a decentralised crypto-finance system can provide access to finance, promote a shared economy, and allow access to justice. By exploring the law, regulation and governance of crypto-finance from a national, regional and global viewpoint, the book provides a fascinating and comprehensive overview of this important topic and will appeal to students, scholars and practitioners interested in regulation, finance and the law.

The LegalTech Book

The LegalTech Book
Author: Sophia Adams Bhatti
Publisher: John Wiley & Sons
Total Pages: 282
Release: 2020-06-01
Genre: Business & Economics
ISBN: 1119574285

"Written by prominent thought leaders in the global FinTech investment space, The LegalTech Book aggregates diverse expertise into a single, informative volume. Key industry developments are explained in detail, and critical insights from cutting-edge practitioners offer first-hand information and lessons learned. Coverage includes: The current status of LegalTech, why now is the time for it to boom, the drivers behind it, and how it relates to FinTech, RegTech, InsurTech and WealthTech Applications of AI, machine learning and deep learning in the practice of law; e-discovery and due diligence; AI as a legal predictor LegalTech making the law accessible to all; online courts, online dispute resolution The Uberization of the law; hiring and firing through apps Lawbots; social media meets legal advice To what extent does LegalTech make lawyers redundant? Cryptocurrencies, distributed ledger technology and the law The Internet of Things, data privacy, automated contracts Cybersecurity and data Technology vs. the law; driverless cars and liability, legal rights of robots, ownership rights over works created by technology Legislators as innovators"--

Keeping Pace with Change: Fintech and the Evolution of Commercial Law

Keeping Pace with Change: Fintech and the Evolution of Commercial Law
Author: International Monetary Fund
Publisher: International Monetary Fund
Total Pages: 31
Release: 2022-01-27
Genre:
ISBN: 1616358750

This note explores the interactions between new technologies with key areas of commercial law and potential legal changes to respond to new developments in technology and businesses. Inspired by the Bali Fintech Agenda, this note argues that country authorities need to closely examine the adequacy of their legal frameworks to accommodate the use of new technologies and implement necessary legal reform so as to reap the benefits of fintech while mitigating risks. Given the cross-border nature of new technologies, international cooperation among all relevant stakeholders is critical. The note is structured as follows: Section II describes the relations between technology, business, and law, Section III discusses the nature and functions of commercial law; Section IV provides a brief overview of developments in fintech; Section V examines the interaction between technology and commercial law; and Section VI concludes with a preliminary agenda for legal reform to accommodate the use of new technologies.

Tokens of Exchange

Tokens of Exchange
Author: Lydia H. Liu
Publisher: Duke University Press
Total Pages: 465
Release: 2000-01-19
Genre: Political Science
ISBN: 0822381125

The problem of translation has become increasingly central to critical reflections on modernity and its universalizing processes. Approaching translation as a symbolic and material exchange among peoples and civilizations—and not as a purely linguistic or literary matter, the essays in Tokens of Exchange focus on China and its interactions with the West to historicize an economy of translation. Rejecting the familiar regional approach to non-Western societies, contributors contend that “national histories” and “world history” must be read with absolute attention to the types of epistemological translatability that have been constructed among the various languages and cultures in modern times. By studying the production and circulation of meaning as value in areas including history, religion, language, law, visual art, music, and pedagogy, essays consider exchanges between Jesuit and Protestant missionaries and the Chinese between the seventeenth and nineteenth centuries and focus on the interchanges occasioned by the spread of capitalism and imperialism. Concentrating on ideological reciprocity and nonreciprocity in science, medicine, and cultural pathologies, contributors also posit that such exchanges often lead to racialized and essentialized ideas about culture, sexuality, and nation. The collection turns to the role of language itself as a site of the universalization of knowledge in its contemplation of such processes as the invention of Basic English and the global teaching of the English language. By focusing on the moments wherein meaning-value is exchanged in the translation from one language to another, the essays highlight the circulation of the global in the local as they address the role played by historical translation in the universalizing processes of modernity and globalization. The collection will engage students and scholars of global cultural processes, Chinese studies, world history, literary studies, history of science, and anthropology, as well as cultural and postcolonial studies. Contributors. Jianhua Chen, Nancy Chen, Alexis Dudden Eastwood, Roger Hart, Larissa Heinrich, James Hevia, Andrew F. Jones, Wan Shun Eva Lam, Lydia H. Liu, Deborah T. L. Sang, Haun Saussy, Q. S. Tong, Qiong Zhang

Digital Finance in Europe: Law, Regulation, and Governance

Digital Finance in Europe: Law, Regulation, and Governance
Author: Emilios Avgouleas
Publisher: Walter de Gruyter GmbH & Co KG
Total Pages: 291
Release: 2021-12-20
Genre: Law
ISBN: 3110749475

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.

Blockchain and the Law

Blockchain and the Law
Author: Primavera De Filippi
Publisher: Harvard University Press
Total Pages: 196
Release: 2018-04-09
Genre: Law
ISBN: 0674985915

“Blockchains will matter crucially; this book, beautifully and clearly written for a wide audience, powerfully demonstrates how.” —Lawrence Lessig “Attempts to do for blockchain what the likes of Lawrence Lessig and Tim Wu did for the Internet and cyberspace—explain how a new technology will upend the current legal and social order... Blockchain and the Law is not just a theoretical guide. It’s also a moral one.” —Fortune Bitcoin has been hailed as an Internet marvel and decried as the preferred transaction vehicle for criminals. It has left nearly everyone without a computer science degree confused: how do you “mine” money from ones and zeros? The answer lies in a technology called blockchain. A general-purpose tool for creating secure, decentralized, peer-to-peer applications, blockchain technology has been compared to the Internet in both form and impact. Blockchains are being used to create “smart contracts,” to expedite payments, to make financial instruments, to organize the exchange of data and information, and to facilitate interactions between humans and machines. But by cutting out the middlemen, they run the risk of undermining governmental authorities’ ability to supervise activities in banking, commerce, and the law. As this essential book makes clear, the technology cannot be harnessed productively without new rules and new approaches to legal thinking. “If you...don’t ‘get’ crypto, this is the book-length treatment for you.” —Tyler Cowen, Marginal Revolution “De Filippi and Wright stress that because blockchain is essentially autonomous, it is inflexible, which leaves it vulnerable, once it has been set in motion, to the sort of unforeseen consequences that laws and regulations are best able to address.” —James Ryerson, New York Times Book Review

Legal Aspects of Central Bank Digital Currency: Central Bank and Monetary Law Considerations

Legal Aspects of Central Bank Digital Currency: Central Bank and Monetary Law Considerations
Author: Wouter Bossu
Publisher: INTERNATIONAL MONETARY FUND
Total Pages: 51
Release: 2020-11-20
Genre: Business & Economics
ISBN: 9781513561622

This paper analyzes the legal foundations of central bank digital currency (CBDC) under central bank and monetary law. Absent strong legal foundations, the issuance of CBDC poses legal, financial and reputational risks for central banks. While the appropriate design of the legal framework will up to a degree depend on the design features of the CBDC, some general conclusions can be made. First, most central bank laws do not currently authorize the issuance of CBDC to the general public. Second, from a monetary law perspective, it is not evident that “currency” status can be attributed to CBDC. While the central bank law issue can be solved through rather straithforward law reform, the monetary law issue poses fundmental legal policy challenges.

Innovation Markets and Competition Analysis

Innovation Markets and Competition Analysis
Author: Marcus Glader
Publisher: Edward Elgar Publishing
Total Pages: 361
Release: 2006-01-01
Genre: Law
ISBN: 1847201687

The book is warmly recommended to practitioners and academics from both the legal and the economic field. Guido Westkamp, Journal of Intellectual Property Law and Practice . . . Glader offers strong commentary and case explanation, coupled with insightful analysis, in this complex area. . . This book is strong on both the relevant law, and the economics arena in which the law must be applied, and deals equally well with the US and EC principles and practice. Mark Furse, European Competition Law Review The pace and scope of technological change is increasing, but some innovative technologies take years before they give rise to saleable products. Before they do, there is competition in ideas and research, but the ideas cannot be market tested, because there are no products or services to offer to consumers. Competition law, in Europe and the USA, cannot be applied to competition in research for innovation as if it was competition between products. Completely different problems arise and a completely different approach is needed. This book, the first on innovation markets, shows how this new approach has been used by competition authorities on both sides of the Atlantic in a wide variety of cases. It analyses in depth and detail the comparative law and economics of the problems arising from the different stages of these markets . It considers how far conclusions can be drawn about the future and comes to interesting, practical and sensible conclusions. And it avoids both unjustified scepticism and exaggerated enthusiasm about the theories of innovation markets. John Temple Lang, Cleary Gottlieb Steen & Hamilton LLP, Brussels and London; Trinity College Dublin, Ireland and Oxford University, UK This book examines the legal standards and their underlying economic rationale for the protection of competition in the innovation process, in both European competition law and American antitrust law. Apart from relevant regulatory frameworks, the author also reviews a range of case laws, which assess whether a transaction or unilateral conduct would limit market participants incentives and abilities for continued innovation and future competition. At the centre of this study is the innovation market concept. This concept entails the delineation, for purposes of antitrust analysis, of an upstream market for competing R&D. Questions of market definition, the assessment of innovation competition in defined markets, the role of efficiencies in the appraisal of transactions and possible remedies to alleviate anti-competitive effects are also explored. Updating the field of research in light of new developments and broadening and deepening the categorization and analysis of the innovation market area, this book will be of great interest to academics, practitioners and consultants, and also public policymakers.