As the internet becomes part of everyday life, the need arises to study the adaptation of private international law systems to the new requirements. One of them is blockchain, as a decentralized technology, which carries with it some legal uncertainties, such as the legal nature of blockchains and shared digital records, including issues of jurisdiction and applicable law. In view of this, there is a need to reflect on whether the legal criteria currently applicable, from the point of view of private international law, are sufficiently clear.
TopThe Problem For The Determination Of Judicial Competition In A Technological Context
It should be borne in mind that in the underlying contractual relationship we are going to find cases in which the technology can be given a non-nationality, and we may encounter problems in the connection criteria, cross-border insolvencies, etc. that Blockchain detects us, since otherwise now they will be over time, when artificial intelligence advances and, in addition, companies evolve to the cloud and in the cloud.
The reason is that the blockchain poses different risks because of technology and the way of operations: one of the main problems will affect the blockchain is the inability to control and stop its operation. In addition, the lack of control over the operation can cause the lack of responsibility of the company that manages the platform. Consider that, in its simplest form, Blockchain is a decentralized technology or a distributed ledger in which transactions are recorded anonymously. This means that the transaction ledger is kept simultaneously on a network of unrelated computers or servers. The allocation and attribution of risk and liability in relation to a blockchain service that is not functioning properly must be carefully analyzed, not only at the provider-client level, but also around all participants in the system.
Therefore, it should be considered, regarding the process, that Blockchain could cross jurisdictional boundaries since the nodes in a Blockchain can be located anywhere in the world. This can raise several complex problems that require careful consideration in relation to citizen-state, enterprise-state, enterprise-enterprise, citizen-enterprise, enterprise-enterprise, enterprise-administration, citizen-administrations of the same and different states, in addition to the multiple relationship that may arise between them. In this regard, it should be noted that, in a decentralized environment, it may be difficult to identify the appropriate set of rules to apply.
Estonia does this by proposing electronic identity as a connection criterion, since it is related to residence, in this case electronic, while the need to link information and its handling, only, with the person who issues it becomes essential for many different interactions: an organizational infrastructure (identity management) and a technical infrastructure (identity management systems)., to develop, define, designate, manage, and specify authorization levels, assigning roles and identity attributes related to specific groups of people, such as company manager, employees, or customers.