Search results for "transnational law"
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Cryptocurrencies, Cybersecurity and Bankruptcy Law: How Global Issues Are Globalizing National Remedies
2020
The market for cryptocurrencies is interspersed with cases of loss, theft and fraud and a new transnational practice in bankruptcy law is emerging whereby cryptocurrency exchanges compensate the injured users on a collective basis. This paper will argue: first, that this trend has transplanted into Asia and Europe the US idea according to which bankruptcy law can be employed to avoid mass litigation; secondly, that this trend has transcended the debate about the characterization of digital assets, including the concerns of those scholars who maintain that digital coins cannot be objects of property; and thirdly that – since this practice follows the pattern of so-called restorative justice …
Le dialogue juge - arbitre dans la création et l'application de normes juridiques
2017
The relations between state and arbitral justice, which were previously conflictual, have now clearly calmed down. Indeed, judges today are maintaining a constructive dialogue with arbitrators, which has led to both the creation and the application of transnational law. This communication thus reviews the main phases of this normative construction, whose completion has led to the strengthening of arbitration in these functions of international commercial justice.