LL.M. Student at School of Law, Lingaya's Vidyapeeth, India
Professor at School of Law, Lingaya's Vidyapeeth, India
Professor at School of Law, Lingaya's Vidyapeeth, India
This research critically explores the complex legal and regulatory challenges posed by the rapid global adoption of blockchain technology and cryptocurrencies, with a focus on corporate accountability, financial compliance, and the implications of global securities laws. As decentralized financial systems evolve, traditional legal structures have struggled to maintain pace, leading to fragmented regulatory frameworks, unclear asset classifications, jurisdictional arbitrage, and significant risks to consumer protection and financial stability. This study examines how crypto asset service providers operate in largely unregulated environments, exposing markets to insider trading, token manipulation, cyber fraud, and tax evasion. It further assesses cases such as the LIBRA token’s speculative sniping scheme and the $1.5 billion Bybit exchange hack, highlighting vulnerabilities in legal oversight and custodial accountability. The paper also addresses the inadequacy of existing anti-money laundering (AML) and know-your-customer (KYC) frameworks, as well as the compliance burden posed by the pseudonymous and borderless nature of decentralized transactions. Additionally, environmental challenges associated with energy-intensive consensus mechanisms like Proof-of-Work are discussed, with a call for regulatory incentives favoring green alternatives like Proof-of-Stake. Through doctrinal, empirical, and comparative legal analysis, the study recommends the development of harmonized international taxonomies, risk-based licensing systems, regulatory sandboxes, and cross-border enforcement mechanisms. It emphasizes the need for evolving corporate governance laws to recognize the legal personality of decentralized autonomous organizations (DAOs), standardize smart contracts, and enforce fiduciary duties in tokenized ecosystems. The research concludes that a coordinated, principle-based, and forward-looking regulatory strategy is essential to align blockchain innovation with legal certainty, corporate transparency, environmental sustainability, and global investor protection.
Research Paper
International Journal of Law Management and Humanities, Volume 8, Issue 4, Page 466 - 490
DOI: https://doij.org/10.10000/IJLMH.1110494This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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