Conflict Management for Regulation-Averse Blockchains?

Riikka Koulu, Kalle Aleksi Markkanen

Tutkimustuotos: Artikkeli kirjassa/raportissa/konferenssijulkaisussaKirjan luku tai artikkeliTieteellinenvertaisarvioitu

Kuvaus

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.
Alkuperäiskielienglanti
OtsikkoRegulating Industrial Internet through IPR, Data Protection and Competition Law
ToimittajatRosa Ballardini, Olli Pitkänen, Petri Kuoppamäki
Sivumäärä27
Vuosikerta2019
KustantajaKluwer Law International
Julkaisupäiväsyyskuuta 2019
TilaJulkaistu - syyskuuta 2019
OKM-julkaisutyyppiA3 Kirjan tai muun kokoomateoksen osa

Lainaa tätä

Koulu, R., & Markkanen, K. A. (2019). Conflict Management for Regulation-Averse Blockchains? teoksessa R. Ballardini, O. Pitkänen, & P. Kuoppamäki (Toimittajat), Regulating Industrial Internet through IPR, Data Protection and Competition Law (Vuosikerta 2019). Kluwer Law International.
Koulu, Riikka ; Markkanen, Kalle Aleksi. / Conflict Management for Regulation-Averse Blockchains?. Regulating Industrial Internet through IPR, Data Protection and Competition Law. Toimittaja / Rosa Ballardini ; Olli Pitkänen ; Petri Kuoppamäki. Vuosikerta 2019 Kluwer Law International, 2019.
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abstract = "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.",
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Koulu, R & Markkanen, KA 2019, Conflict Management for Regulation-Averse Blockchains? julkaisussa R Ballardini, O Pitkänen & P Kuoppamäki (toim), Regulating Industrial Internet through IPR, Data Protection and Competition Law. Vuosikerta 2019, Kluwer Law International.

Conflict Management for Regulation-Averse Blockchains? / Koulu, Riikka; Markkanen, Kalle Aleksi.

Regulating Industrial Internet through IPR, Data Protection and Competition Law. toim. / Rosa Ballardini; Olli Pitkänen; Petri Kuoppamäki. Vuosikerta 2019 Kluwer Law International, 2019.

Tutkimustuotos: Artikkeli kirjassa/raportissa/konferenssijulkaisussaKirjan luku tai artikkeliTieteellinenvertaisarvioitu

TY - CHAP

T1 - Conflict Management for Regulation-Averse Blockchains?

AU - Koulu, Riikka

AU - Markkanen, Kalle Aleksi

PY - 2019/9

Y1 - 2019/9

N2 - 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.

AB - 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.

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Koulu R, Markkanen KA. Conflict Management for Regulation-Averse Blockchains? julkaisussa Ballardini R, Pitkänen O, Kuoppamäki P, toimittajat, Regulating Industrial Internet through IPR, Data Protection and Competition Law. Vuosikerta 2019. Kluwer Law International. 2019