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.
This paper presents an analysis of Russian data retention regulations. The most controversial point of the Russian data retention requirements is an obligation to keep the content of communications that is untypical for legislation of European and other countries. These regulations that oblige telecom operators and Internet communication services to store the content of communications should come into force on July 1, 2018.
The article describes in detail the main components of the data retention mechanism: the triggers for its application, its scope, exemptions and barriers to its enforcement. Attention is paid to specific principles for implementation of content retention requirements based on the concepts of proportionality, reasonableness and effectiveness.
Particular consideration is given to the comparative aspects of the Russian data retention legislation and those applying in different countries (mainly EU member states). The article focuses on the differences between the Russian and EU approaches to the question of how to strike a balance between public security interests and privacy. While the EU model of data retention is developing in the context of profound disputes on human rights protection, the Russian model is mostly concentrated on security interests and addresses mainly economic, technological aspects of its implementation.
The paper stresses that a range of factors (legal, economic and technological) needs to be taken into account for developing an optimal data retention system. Human rights guarantees play the key role in legitimization of such intrusive measures as data retention. Great attention should be paid to the procedures, precise definitions, specification of entitled authorities and the grounds for access to data, providing legal immunities and privileges, etc. Only this extensive range of legal guarantees can balance intervention effect of state surveillance and justify data retention practices.
The dg.o conference is the flagship conference of the Digital Government Society (DGS), and has positioned itself to be a top-ranking conference in this interdisciplinary academic field. It brings high quality research contributions and plays a major role in the advancement of knowledge in the field of digital government. The continue growing number of scholars and the growing number of members will continue to reinforce the position of DGS as a research and practice platform where researchers and practitioners can meet, exchange ideas, and build new relationships.
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
To serve target customers better than their competitors, supply chain management (SCM) teams today look into new technologies such as Big Data, Internet of Things (IoT) and Blockchain. These new technologies allow managers to develop and provide complex supply chain services and products faster with improved reliabilities. With these technologies, SCM teams can build complex models of a supply chain or systems of supply chains using a data-driven approach. With the growth of aviation domain across the world, there has been increasing demand in aircraft for airlines and other customers. In this domain, SCM teams deal with complex networked supply chains for aircraft’s spare part purchase and delivery for aircraft’s maintenance and repair. Aircraft’s spare parts are shipped to single assembly hubs, located globally. All parts come with certain life expectancy, specific requirements and maintenance attributes. With thousands of spare parts, hundreds of parameters, and number of manufactures distributed globally, SCM team need to deal with very large amount of data. In this paper, we use an industrial scenario of aviation industry SCM to demonstrate the necessity of having decentralized system based on distributed data-driven application technologies such as Blockchain, not only to assist in maintaining inventory of the aircraft’s parts but also to monitor the performance, usage, etc. This will help to achieve a transparent network of supply chain for aircraft’s parts and reduce the risk of availability of aircraft’s parts in black market. These new data-driven technologies when embedded into SCM scenarios will help the SCM managers to analyse the supply, demands, source of availability of spare parts and provide methods to procure them from the right sources.
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/