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A Critical Appraisal of Initial Coin Offerings
In A Critical Appraisal of Initial Coin Offerings: Lifting the “Digital Token’s Veil”, Dominika Nestarcova examines the regulatory treatment of initial coin offerings (‘ICOs’), a novel form of raising capital, where start-up companies issue blockchain-based assets (‘digital tokens’) to the public in return for a payment. The ICO model promises to utilize blockchain technology to enforce financial contracting via the underlying code, thereby substituting the traditional securities regulation. Dominika Nestarcova provides an in-depth analysis of this promise by examining the nature of digital tokens, the process, underlying benefits and risks to the model and the current state of the ICO regulation with an aim to uncover how the self-regulatory promise offered by ICOs lives up the expectations.
Technology in Financial Markets
In recent years, technology has emerged as a disruptive force in the economy and finance, leading to the establishment of new economic and financial paradigms. Focusing on blockchain technology and its implementations in finance, Technology in Financial Markets proposes a novel theoretical approach to disruption. Relying on complexity science, it develops a dynamic perspective on the study of disruptive phenomena and their relationship to financial regulation and the law. It identifies the intrinsic interconnections characterizing the "multidimensional" technology-driven transformations, involving commercial practices, capital markets, corporate-governance, central banking, and financial net...
We, the Robots?
Explains how artificial intelligence is pushing the limits of the law and how we must respond.
A Moeda - Estudo Jurídico e Económico
A moeda, vulgo o dinheiro, é um dos símbolos da civilização humana. Economicamente, a moeda reveste hoje uma pluralidade de formas, onde se incluem, não apenas a tradicional moeda física (notas de banco e moedas metálicas), mas ainda a moeda bancária (v.g., ordens de transferência, débitos diretos, cartões de pagamento), a moeda eletrónica (v.g., cartões pré-pagos, dinheiro digital) e a moeda virtual (v.g., criptomoedas). Juridicamente, a emergência destas novas formas desmaterializadas do dinheiro veio colocar importantes desafios ao Direito, onde avulta sobremaneira a disciplina das obrigações pecuniárias e das obrigações de juros. A obra que o leitor tem diante de si constitui a primeira publicada em Portugal sobre a matéria na atualidade, revestindo interesse para advogados, magistrados, economistas, gestores, investidores, bancos e instituições financeiras.
An International Law Perspective on the Protection of Human Rights in the TRIPS Agreement
This book analyses the relationship between the TRIPS Agreement and the right to health and relevant human rights norms by using the tools of treaty interpretation of public international law.
Financial Advice and Investor Protection
This comprehensive book offers a rigorous analysis of the legal debates, approaches and practice-related issues surrounding financial advice and investor protection. Despite widespread recognition of the importance of financial inclusion more broadly construed, recent financial crises have highlighted deficits in retail investor protection – this book informs the development of robust yet adaptable frameworks to protect investors, including effective enforcement and dispute resolution.
The Selection and Removal of Arbitrators in Investor-State Dispute Settlement
The Selection and Removal of Arbitrators in Investor-State Dispute Settlement examines two essential features in investor-state dispute resolution: how arbitrators are selected and removed. Both topics have received increasing scrutiny and criticism, that have in turn generated calls for reforms. In its first part, Professor Chiara Giorgetti, an expert in international arbitration, explains the selection of arbitrators procedurally and comparatively under the most-often used arbitration rules. She then reviews critically arbitrators’ necessary and desirable qualities, and addresses some important and related policy issues, such as diversity and repeat appointments. In her work, she also in...
Secured Transactions Law in Asia
This collection of essays offers a unique insight and overview of the secured transactions law in many of the most important countries in Asia, as well as reflections on the need for, benefits of and challenges for reform in this area of the law. The book provides a mixture of general reflections on the history, successes and challenges of secured transaction law reform, and critical discussion of the law in a number of Asian countries. In some of the countries, the law has already been reformed, or reform is under way, and here the reforms are considered critically, with recommendations for future work. In other countries, the law is not yet reformed, and the existing law is analysed so as ...
Can Banks Still Keep a Secret?
An insight into bank secrecy in major jurisdictions, complemented by chapters on privacy, data protection, conflict of laws and exchange of information.
