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Month: August 2020

Tokenisation of Assets in Scots Private Law

By David Fox, Professor of Common Law, University of Edinburgh

It is a commonplace to say that technological development runs ahead of the law.  Financiers and IT developers have created new kinds of tradeable value and entirely virtual systems for trading them.  Any thought about their status in law comes only later, often prompted by an insolvency or by the failure of one of the parties to perform as expected.

The question that then arises is what, if any, law applied to those assets and systems.  Very likely, the parties gave no deliberate thought to the question.

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Climate Change and Scottish Property Law

By Andrew Steven, Professor of Property Law, University of Edinburgh

In the pre-pandemic days of last autumn, the Scottish Government placed addressing climate change at the heart of its Programme for Scotland 2019-2020. The First Minister, Nicola Sturgeon, in her introduction to that publication, stated: “The consequences of global climate change will be severe. While in some parts of the world its effects are existential, we will also feel the impact here at home. We must act.” The Climate Change (Emissions Reduction Targets) (Scotland) Act 2019 is an example of the Scottish Government so acting.

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