The Law Applicable to Crypto Assets: What Policy Choices Are Ahead of Us?

Burcu Yuksel Ripley, Florian Heindler

Research output: Chapter in Book/Report/Conference proceedingChapter (peer-reviewed)peer-review

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Abstract

Crypto assets can be defined broadly as “cryptographically secured digital representations of value which can be transferred, stored or traded electronically” by the use of distributed ledger technology or a similar technology. They introduce new challenges to Private International Law due to their novel, complex, fast-evolving and cross-border nature. The purpose of this chapter is to critically examine some of the key applicable law questions regarding crypto assets. The chapter first gives an overview of crypto assets, highlighting their key features. It next addresses challenges around characterisation of crypto assets as money or legal tender, and property, and reflects on the legal implications of this characterisation. The chapter then discusses freedom of choice and its operation and limitations; explores considerations around suitable objective connecting factors; and, aims to shed light on the possible ways forward in terms of policy choices in determining the law applicable to crypto assets.
Original languageEnglish
Title of host publicationBlockchain and Private International Law
EditorsAndrea Bonomi, Matthias Lehmann, Shaheeza Lalani
PublisherBrill
Chapter9
Pages259-284
Number of pages26
ISBN (Electronic)978-90-04-51485-0
ISBN (Print)978-90-04-51484-3
DOIs
Publication statusPublished - 13 Nov 2023

Publication series

NameInternational and Comparative Business Law and Public Policy
PublisherBrill
Volume4
ISSN (Print)2667-3495

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