TOWARDS THE HARMONISATION OF THE INITIAL COIN OFFERING RULES: COMPARATIVE ANALYSES OF THE INITIAL COIN OFFERING LEGAL REGULATION IN THE USA AND THE EU

This article consists of a comparative study of approaches to crypto-assets in the USA and EU, as well as an exploration of the reasons behind such differences. These two jurisdictions vary dramatically in their history, economy and legal systems. Therefore, differences in legal regulation regarding...

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Main Author: Marina Kasatkina
Format: Article
Language:English
Published: Mykolas Romeris University 2022-06-01
Series:International Comparative Jurisprudence
Subjects:
Online Access:https://ojs.mruni.eu/ojs/international-comparative-jurisprudence/article/view/7129
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author Marina Kasatkina
author_facet Marina Kasatkina
author_sort Marina Kasatkina
collection DOAJ
description This article consists of a comparative study of approaches to crypto-assets in the USA and EU, as well as an exploration of the reasons behind such differences. These two jurisdictions vary dramatically in their history, economy and legal systems. Therefore, differences in legal regulation regarding the Initial Coin Offering are to be expected. Doctrinal comparisons of legal regulation rarely shed light on the way that law actually operates, but are necessary to answer the question of why countries do not enact similar approaches to the regulation of the Initial Coin Offering. This leads to the conclusion that, in both jurisdictions, there exists no legal certainty. Meanwhile, the failure of either the United States or the European Union to regulate the crypto-assets market effectively will have spill over effects for other jurisdictions. There is, therefore, an urgent need for strengthening international standards in the regulation of crypto assets. Therefore, this article intends to contribute to the search for a necessary, appropriate, and transnational way to chart the contemporary legal landscape of Initial Coin Offerings. The most favourable form of legal convergence regarding the Initial Coin Offering should provide increased legal certainty while protecting consumers and fostering substantial investment in innovation.
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spelling doaj.art-e7c0f0d421c947a2b65b326a809cc20a2022-12-22T03:30:47ZengMykolas Romeris UniversityInternational Comparative Jurisprudence2351-66742022-06-018110.13165/j.icj.2022.06.003 TOWARDS THE HARMONISATION OF THE INITIAL COIN OFFERING RULES: COMPARATIVE ANALYSES OF THE INITIAL COIN OFFERING LEGAL REGULATION IN THE USA AND THE EU Marina KasatkinaThis article consists of a comparative study of approaches to crypto-assets in the USA and EU, as well as an exploration of the reasons behind such differences. These two jurisdictions vary dramatically in their history, economy and legal systems. Therefore, differences in legal regulation regarding the Initial Coin Offering are to be expected. Doctrinal comparisons of legal regulation rarely shed light on the way that law actually operates, but are necessary to answer the question of why countries do not enact similar approaches to the regulation of the Initial Coin Offering. This leads to the conclusion that, in both jurisdictions, there exists no legal certainty. Meanwhile, the failure of either the United States or the European Union to regulate the crypto-assets market effectively will have spill over effects for other jurisdictions. There is, therefore, an urgent need for strengthening international standards in the regulation of crypto assets. Therefore, this article intends to contribute to the search for a necessary, appropriate, and transnational way to chart the contemporary legal landscape of Initial Coin Offerings. The most favourable form of legal convergence regarding the Initial Coin Offering should provide increased legal certainty while protecting consumers and fostering substantial investment in innovation.https://ojs.mruni.eu/ojs/international-comparative-jurisprudence/article/view/7129crypto-assetsblockchainharmonisationtokenico
spellingShingle Marina Kasatkina
TOWARDS THE HARMONISATION OF THE INITIAL COIN OFFERING RULES: COMPARATIVE ANALYSES OF THE INITIAL COIN OFFERING LEGAL REGULATION IN THE USA AND THE EU
International Comparative Jurisprudence
crypto-assets
blockchain
harmonisation
token
ico
title TOWARDS THE HARMONISATION OF THE INITIAL COIN OFFERING RULES: COMPARATIVE ANALYSES OF THE INITIAL COIN OFFERING LEGAL REGULATION IN THE USA AND THE EU
title_full TOWARDS THE HARMONISATION OF THE INITIAL COIN OFFERING RULES: COMPARATIVE ANALYSES OF THE INITIAL COIN OFFERING LEGAL REGULATION IN THE USA AND THE EU
title_fullStr TOWARDS THE HARMONISATION OF THE INITIAL COIN OFFERING RULES: COMPARATIVE ANALYSES OF THE INITIAL COIN OFFERING LEGAL REGULATION IN THE USA AND THE EU
title_full_unstemmed TOWARDS THE HARMONISATION OF THE INITIAL COIN OFFERING RULES: COMPARATIVE ANALYSES OF THE INITIAL COIN OFFERING LEGAL REGULATION IN THE USA AND THE EU
title_short TOWARDS THE HARMONISATION OF THE INITIAL COIN OFFERING RULES: COMPARATIVE ANALYSES OF THE INITIAL COIN OFFERING LEGAL REGULATION IN THE USA AND THE EU
title_sort towards the harmonisation of the initial coin offering rules comparative analyses of the initial coin offering legal regulation in the usa and the eu
topic crypto-assets
blockchain
harmonisation
token
ico
url https://ojs.mruni.eu/ojs/international-comparative-jurisprudence/article/view/7129
work_keys_str_mv AT marinakasatkina towardstheharmonisationoftheinitialcoinofferingrulescomparativeanalysesoftheinitialcoinofferinglegalregulationintheusaandtheeu