Regulating Cryptocurrencies in the International Insolvency Law

Abstract

In the last few years, the world has witnessed a fast expansion of bitcoin and other cryptocurrencies. From being mostly associated with criminal activity in their earliest years, cryptocurrencies have now taken a step into the legal business markets. The increased use of cryptocurrencies in business and commercial transactions entails that their appearance in the insolvency proceedings can be expected in a foreseeable future. However, the fast development of cryptocurrencies means that the current regulatory frameworks around the world have not kept up with the changes, which is especially noticeable in international situations. The continuous growth of cryptocurrencies and their value indicate that they will become very interesting for insolvency practitioners in the future, but the lack of regulation and case law within this field raises the question of how they will and should be treated. 
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\nWhile cryptocurrencies continue to find their place in modern society, whether and to what extent they should be regulated in the international insolvency law is a vastly approaching issue. This thesis discusses the possibility of regulating cryptocurrencies on the international level of the insolvency law by examining firstly, the different risks and issues that the cryptocurrencies will give rise to in the insolvency law and insolvency proceedings with a special focus on jurisdiction, secondly, the current regulatory frameworks and principles on international and European Union level and lastly, the possibilities of regulation through both soft law and hard law in order to create a way to approach these problems. The possibility of regulation will be discussed in a multidisciplinary light, with the principles of international financial law as well as the nature of blockchain-based technology taken into consideration. 
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\nThe aim of the thesis is not to come up with a specific course of action, but rather to enlighten the most prominent pros and cons of different possibilities. The potential ways of regulation brought up in the thesis are the use of blockchain technology itself, amendment of existing legal frameworks, the use of regulatory sandboxes and a new legal framework.