Some risks of tokenization and blockchainzation of private law
The paper is focused on the analysis of the problems that may be driven by mass tokenization of the objects of civil law, i.e. the creation of a digital representations of such objects in the form of a record in blockchain where the value of such objects is transferred subsequently by means of disposal of such tokens, which is a subject of separate rights to it. The paper outlines two core problems, which were inspired by recent legislative activities in Belarus and Russia: 1) a possible displacement of existing legal regimes of objects of civil rights by the legal regime of the token; 2) the problem of definition of the nature of rights to token (in rem vs. ad personam) as well as remedies for their violations. Provisions of the Belarus Decree “On the development of digital economy” of 21 December 2017 and drafts of the laws on blockchain and ICO, discussed in Russian Parliament and Government were taken to illustrate these problems.
The author reveals herein the concept and determines the role and the importance of a criminal threat in the mechanism of crimes against privacy. The criminal threat is regarded in the concept presented as a real probability of a socially dangerous unlawful and criminally punishable infringement of privacy.
Response to Peter Schaar (Chairman of the European Academy For Freedom of Information and Data Protection, former German Data Commissioner) about the incompatibility of the Internet and Big Data with Data protection. It declares that technological development has overtaken the policy-making process and applications according to web 3.0 are likely to be far more effective at piecing together personal data than even traditional search engines.
The series of studies collected in theis book represent different approaches of their authors to the problem of privat life in the past.
The paper analyzes legal issues associated with Smart contracts, i.e. agreements existing in the form of software code implemented on the Blockchain platform, which ensures autonomy and self-executive nature of Smart contract terms based on predetermined set of factors. Based on cryptocurrency Bitcoin example, the paper outlines peculiarities of Blockchain technology, which is the core of Smart contracts. Then the tensions between classic contract law and Smart contracts are outlined (inapplicability of concepts of “obligation”, “responsibility”, “non-performance or improper performance”, etc.) and certain possible consequences of wide-scale use of Smart contracts in legal practice
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/