Article (Scientific journals)
The financialisation of Crypto: Designing an international regulatory consensus
Arner, Douglas W; ZETZSCHE, Dirk Andreas; Buckley, Ross P et al.
2024In Computer Law & Security Review, 53, p. 105970
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Keywords :
Bitcoin; Crypto Winter; Crypto-assets; Cryptocurrencies; Decentralised finance; DeFi; financial crises; Financial regulation; Financial stability; Financialisation; FTX; Crypto winter; Crypto-asset; Decentralised; Decentralized finance; Defi; Financial crisis; Financial regulations; Financialization; Business, Management and Accounting (all); Computer Networks and Communications; Law
Abstract :
[en] Bitcoin was presented in 2008 as a technology-driven alternative to the weaknesses of the traditional monetary, payment and financial systems dramatically highlighted by the Global Financial Crisis of 2008. The underlying technology – blockchain and distributed ledger technology – was posed as a technological solution to the problems of trust, confidence, transparency and behaviour traditionally addressed in finance through a framework of law, regulation and institutions (including markets and the state). Cryptocurrencies, blockchain, distributed ledger technology and decentralised finance were designed to address the weaknesses and risks in traditional finance. Yet fifteen years of evolution culminating in the Crypto Winter of 2022–23 have demonstrated that crypto is neither special nor immune and has come to feature all the classic problems of traditional finance. As the crypto ecosystem has evolved, the market failures and externalities of traditional finance have emerged – a process we term the ‘financialisation’ of crypto. These include conflicts of interests, information asymmetries, centralisation and interconnections, over-enthusiastic market participants, plus agency, operational and financial risks. We argue that (a) in order to develop successfully going forward, the crypto ecosystem needs to assimilate the centuries of experience of underpinning traditional finance with law and regulation, and (b) in the aftermath of the Crypto Winter, an international consensus is crystalising in respect of the regulation of the crypto ecosystem. We argue regulatory systems are now being instituted to ensure the proper functioning of crypto and its interconnections with traditional finance. The lessons of the financialisation of crypto also apply more broadly: appropriately designed regulatory systems are central to financial market functioning and development.
Research center :
NCER-FT - FinTech National Centre of Excellence in Research
Disciplines :
Economic & commercial law
Author, co-author :
Arner, Douglas W ;  Kerry Holdings Professor in Law, RGC Senior Fellow in Digital Finance and Sustainable Development, Senior Fellow – Asia Global Institute, Associate Director – HKU-Standard Chartered Foundation FinTech Academy, University of Hong Kong, Senior Fellow, Melbourne Law School, University of Melbourne, Australia
ZETZSCHE, Dirk Andreas   ;  University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Department of Law (DL)
Buckley, Ross P ;  Australian Research Council Laureate Fellow and Scientia Professor, Faculty of Law & Justice, UNSW Sydney, Australia
Kirkwood, Jamieson M ;  Barrister (Middle Temple, England and Wales) and Research Fellow, Centre for Banking and Finance Law, National University of Singapore, Singapore
 These authors have contributed equally to this work.
External co-authors :
yes
Language :
English
Title :
The financialisation of Crypto: Designing an international regulatory consensus
Publication date :
July 2024
Journal title :
Computer Law & Security Review
ISSN :
2212-473X
eISSN :
2212-4748
Publisher :
Elsevier Ltd
Volume :
53
Pages :
105970
Peer reviewed :
Peer Reviewed verified by ORBi
Focus Area :
Law / European Law
Development Goals :
9. Industry, innovation and infrastructure
FnR Project :
CryptoReg
Funders :
Research Grants Council, University Grants Committee
Australasian Delirium Association
Australian Research Council
FNR - Fonds National de la Recherche
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