The blockchain architecture is often envisioned as a potential mechanism for the automation microtransactions between interconnected IoT applications, as transactions could be directly enforced through the technical governance structure it provides. However, this chapter draws attention to the limitations of the blockchain architecture in providing tools for conflict management, which is here considered to be a vital for both governance and the legitimacy of the system. Although blockchain’s potential for conflict prevention is often emphasised, experiences from public blockchain networks such as Ethereum demonstrate that prevention is not sufficient but instead dispute resolution mechanisms are needed for addressing unpredictable events. To this end, alternative conflict management strategies have been developed for blockchain-related disputes. We assess these emergent redress mechanisms from the perspective of conflict management with specific attention to fairness of outcomes and due process rules. By making a distinction between systemic disputes and low intensity disputes we demonstrate how conflict management, governance and technological infrastructure converge on blockchain networks. This convergence, in turn, influences how fairness expectations and due process safeguards are formulated, causing concern for the fairness of emergent conflict management. The design of blockchain-based IoT applications should take into consideration the need for conflict management and particular attention should be paid to the fairness of such mechanisms, as these contribute to the fulfilment of fairness expectations, the legitimacy and predictability of governance structures and, in the end, feasibility of mainstream use.
|Title of host publication||Regulating Industrial Internet through IPR, Data Protection and Competition Law|
|Editors||Rosa Ballardini, Olli Pitkänen, Petri Kuoppamäki|
|Number of pages||28|
|Place of Publication||Alphen aan den Rijn|
|Publisher||Kluwer Law International|
|Publication date||Sep 2019|
|Publication status||Published - Sep 2019|
|MoE publication type||A3 Book chapter|
Fields of Science
- 513 Law
Koulu, R., & Markkanen, K. A. (2019). Conflict Management for Regulation-Averse Blockchains? In R. Ballardini, O. Pitkänen, & P. Kuoppamäki (Eds.), Regulating Industrial Internet through IPR, Data Protection and Competition Law (pp. 381-408). Kluwer Law International.