This paper analyzes, in a transversal manner, some aspects of both international law – especially with regard to the regulation of some economic profiles – and private international law that are involved in disputes concerning non fungible tokens (NFTs) and the connected smart contracts: the immediacy of transactions, the frequent anonymity of their parties, the simultaneous presence of both State and private interests and actors, the peculiar enforcement characteristics offered by smart contracts, and even the possibility of using NFTs as procedural tools, impose to comprehensively evaluate some aspects of the applicable rules, both substantive and procedural. An effective legal regulation of NFTs (as of practically all digital cases), to be truly all-encompassing, needs the contemporary use of both international law instruments and private international law rules.
Non fungible tokens e diritto internazionale
Ruotolo, G. M.
2024-01-01
Abstract
This paper analyzes, in a transversal manner, some aspects of both international law – especially with regard to the regulation of some economic profiles – and private international law that are involved in disputes concerning non fungible tokens (NFTs) and the connected smart contracts: the immediacy of transactions, the frequent anonymity of their parties, the simultaneous presence of both State and private interests and actors, the peculiar enforcement characteristics offered by smart contracts, and even the possibility of using NFTs as procedural tools, impose to comprehensively evaluate some aspects of the applicable rules, both substantive and procedural. An effective legal regulation of NFTs (as of practically all digital cases), to be truly all-encompassing, needs the contemporary use of both international law instruments and private international law rules.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.