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An exploration of how financial market laws and regulations can - and should - govern the use of artificial intelligence.
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.
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,...
This Commentary is the first comprehensive work to analyse the revised EU Shareholder Rights Directive (SRD II). SRD II sets a new agenda for engaged shareholders and sustainable companies in the EU, sparking a wider debate on the adoption of duties in company and capital markets law. By providing a systematic and thorough framework for analysis, this Commentary evaluates the purpose and aims of SRD II and further enriches the debate on the usefulness of the EU’s drive to encourage long-term shareholder engagement.
Law and technology present humanity with challenges and opportunities. This international research volume is dedicated to three of their pillars: artificial intelligence, blockchain and digital platforms. The authors' contributions analyze these topics from different perspectives of public and private law in the German, Austrian, European, American, Japanese, and Latin American contexts.
In this comprehensive, accessible work, Ross P. Buckley, Douglas W. Arner, and Dirk A. Zetzsche offer an ideal reference for anyone seeking to understand the technological transformation of finance and the role of regulation: the world of FinTech. They consider FinTech technologies including artificial intelligence, blockchain, BigData, cloud computing, cryptocurrencies, central bank digital currencies, and distributed ledger technology, and provide a unique perspective on FinTech as an interactive system involving finance, technology, law, and regulation. Starting with an evolutionary perspective, the authors then consider the major technologies transforming finance, arguing for approaches to balance the risks and challenges of innovation. They address the central role of infrastructure in digital financial transformation, highlighting lessons from China, India, and the EU, as well as the impact of pandemics and other sustainability crises, while considering the risks generated by FinTech. They conclude by offering forward-looking regulatory strategies to address the challenges facing our world today.
Blockchain’s significant advances since 2020 – including a plethora of new use cases – have necessitated a comprehensive revision of the first edition of this matchless resource. While new chapters and topics have been added, the handbook still follows the systematic and structured approach of the first edition. Each contributor – all of them practitioners experienced with blockchain projects within their respective areas of expertise and specific jurisdictions – elucidates the implications of blockchain technology and related legal issues under such headings as the following: understanding blockchain from a technological point of view; regulatory aspects of blockchain; smart contr...
In our interconnected world, digital data turn into a central political issue. They are simultaneously important tools for security agencies, a valuable economic resource for businesses, and they have crucial relevance for individual's rights. As multiple actors extend claims of their legitimate control, conflicts emerge. Data Governance: Value Orders and Jurisdictional Conflicts argues that such conflicts about the collection, transfer, and sharing of digital data have an underestimated - and undertheorized - normative dimension. The book suggests that, while public and private actors are united by the assumption that the governance of data is meaningful in the pursuit of societal goals, th...
Provides a systematic and contextualized account of China's Fintech regulation.
The current framework of EU regulation concerning capital markets is complex and partly inconsistent in the way that it is applied in the various Member States. Through the Capital Markets Union (CMU) project the European Union is pursuing the goal of establishing a true single market for capital in Europe. Regulating EU Capital Markets Union: Fundamentals of a European Code is the first of a two-volume series proposing the codification of EU legislature as a way to establish this goal. This book analyses all existing capital markets regulation. It explains the idea of codification, looks at the added value of a European Capital Markets Code, discusses key concepts of the current regimes and...