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This important and topical book provides a comprehensive overview of the challenges raised by blockchain from the perspective of public law. It considers the ways in which traditional categories of public law such as sovereignty, citizenship and territory are shaped, as well as the impact of blockchain technology on fundamental rights and democratic values.Articulated in two sections, the first analyses the opportunities and the challenges that blockchain and distributed ledger technologies raise in the field of public and constitutional law, while the second highlights challenges derived from the intersection between blockchain and other legal fields such as contract law, financial law and antitrust law. A wide variety of expert contributions offer further examinations of the constitutional challenges of blockchain technologies that provide regulatory options for governments and lawmakers.Blockchain and Public Law will be a critical point of reference for scholars and students of legal theory, public policy and governmental law. It will also be beneficial to legal practitioners and lawmakers to further develop their knowledge of the field of blockchain at national and international levels.
Edited by Oreste Pollicino, Full Professor of Constitutional Law, Bocconi University, Italy, Member of the Sounding Board on Disinformation, Expert for the Global Partnership on Artificial Intelligence (GPAI), and Member of the Board of the European Union Fundamental Rights Agency (FRA), Giovanni De Gregorio, Católica Global School of Law, Universidade Católica Portuguesa, Portugal andDepartment of Law, Bocconi University, Italy
Contents:1 Introduction to Blockchain and Public Law 1Oreste Pollicino and Giovanni De GregorioPART I BLOCKCHAIN AND PUBLIC LAW2 Blockchain utopia and its governance shortfalls 13Uta Kohl3 Blockchain and sovereignty 40Riccardo de Caria4 Blockchain and citizenship: uneasy bedfellows 59Oskar J. Gstrein and Dimitry V. Kochenov5 Blockchain and democracy: Challenges and opportunities of blockchainand smart contracts for democracy in the distributed, algorithmic state 76Jurgen Goossens6 Blockchain and authoritarianism: The evolution of decentralizedautonomous organizations 89Tom W. Bell7 Blockchain and public administration 104Yoan Hermstrüwer8 Blockchain and freedom of expression 122Giovanni De Gregorio9 Blockchain, privacy, and data protection 140Paul De Hert and Ashwinee Kumar10 Blockchain for healthcare applications and use cases 156Immaculate Motsi-Omoijiade and Alexander KharlamovPART II BLOCKCHAIN AND PUBLIC LAW AT THE INTERSECTION11 Blockchain and contract law: Smart contracts 191Pietro Sirena and Francesco P. Patti12 Blockchain and financial law: FinTech and crypto-assets 208Filippo Annunziata13 Blockchain and antitrust law: A roadmap 224Maria Teresa Maggiolino and Laura ZoboliIndex
‘The broader variety of perspectives in the book make an important contribution to current scholarly debates. Hopefully this research will also be noticed by policymakers presented with opportunities (or pressures) to adopt blockchain technologies.’