The Law and Governance of Decentralised Business Models: Between Hierarchies and Markets

This book explores the challenges to corporate and organizational law and governance in the context of decentralised business models (DBMs), such as business networks, global supply chains, public-private partnerships, platform economies, and blockchain-based enterprises. It argues that the law of organizations and governance can respond to these changes by incorporating principles such as corporate governance to facilitate and enable reciprocality, mutuality, governance, and redress in DBMs. It is of interest to academics, policymakers, and legal practitioners.

Format: Paperback / softback
Length: 326 pages
Publication date: 09 January 2023
Publisher: Taylor & Francis Ltd

This comprehensive book delves into the intricate developments in business models, particularly focusing on decentralized business models (DBMs), also known as the 'sharing economy.' It aims to provide a systematic analysis of the challenges posed to corporate and organizational law and governance in this evolving landscape. DBMs encompass a wide range of entities, including business networks, global supply chains, public-private partnerships, platform economies, and blockchain-based enterprises. The field of organizational law and governance has struggled to keep pace with the rapid changes brought about by DBMs, leading to a reliance on innovative contract law to support these developments.

The authors argue that the law of organizations and governance has the potential to adapt and respond to the transformative impact of decentralized business models driven by technological advancements and new socio-economic dynamics. They emphasize the importance of principles such as corporate governance in constituting, facilitating, and enabling reciprocity, mutuality, governance, and redress within these complex business models. These models defy traditional firm-market systems, are neither fully hierarchical nor decentralized, and incorporate socio-economic elements that are often intertwined with incentives and relations.

The book appeals to a wide audience, including academics, policymakers, and legal practitioners, as it offers valuable insights and proposals for new thinking in the law of organization and governance. By exploring innovative approaches, the book aims to advance the possibilities of a new socio-economic future, where the boundaries between traditional business models and decentralized ecosystems are blurred.

The authors begin by providing an overview of the DBM phenomenon, highlighting its key characteristics and drivers. They then delve into the legal challenges posed by DBMs, including issues related to corporate governance, intellectual property rights, data protection, and consumer protection. The book explores various legal frameworks and approaches that have been developed to address these challenges, such as corporate law, contract law, competition law, and regulatory frameworks.

Furthermore, the authors propose new thinking in the law of organization and governance to better accommodate the unique characteristics of DBMs. They suggest that traditional legal frameworks may need to be reimagined to promote fairness, transparency, and accountability in these decentralized ecosystems. The book advocates for a more collaborative and interdisciplinary approach, involving legal scholars, business experts, and social scientists, to develop innovative solutions that balance the interests of different stakeholders.

In conclusion, this book is a valuable resource for anyone interested in understanding the legal implications of decentralized business models and the potential for new thinking in the law of organization and governance. By examining the challenges and opportunities posed by DBMs, the book offers insights into the future of business and society, where the boundaries between traditional business models and decentralized ecosystems are blurred.

Weight: 453g
Dimension: 234 x 156 (mm)
ISBN-13: 9780367690755