top of page

Featured Research Content Guide

NEW INSIGHTS: Empirical findings from BIS data on cross-border crypto flows align with core arguments in the Duke Law | Law & Contemporary Problems papers highlighted below, reinforcing calls for coordinated global oversight.

Crypto-Flows-Defy-Borders-WIDE.jpg

Disclaimer: The BIS paper cited does not directly validate the Law & Contemporary Problems papers' arguments but offers independent findings that align with several of their key insights.

The BIS paper “DeFiying Gravity? An Empirical Analysis of Cross-Border Bitcoin, Ether and Stablecoin Flows” by Raphael Auer, Ulf Lewrick, and Jan Paulick offers empirical support for several arguments raised in the recently published issue of Law & Contemporary Problems on regulating cryptoassets.

The finding that crypto flows largely bypass geographic frictions and capital controls reinforces the need for globally coordinated regulation, as emphasized in Douglas Arner, Tanvi Ratna, Sijuade Animashaun, Jatin Bedi, and Naveen Mishra’s “Centralization in Decentralized Finance” and Dirk Zetzsche and Julia Sinnig’s “The EU Approach to Digital Currencies,” which both highlight jurisdictional fragmentation and the limitations of national oversight.

The BIS’s evidence of regulatory circumvention strengthens the case made by Yesha Yadav, Jose Fernandez da Ponte, and Amy Davine Kim in “The Evolving Role of Digital Currencies in the Global Economy,” which examines how inconsistent regulatory frameworks across borders can encourage strategic behavior and increase systemic risk.

The observation that stablecoins and low-value Bitcoin transfers are increasingly used for remittances—particularly in corridors with high traditional costs—supports the argument in Carlos Cantú, Jon Frost, and Thomas Noone’s “Some Perspectives on the Regulation of Stablecoins” that regulatory approaches must account for both their speculative uses and their growing role as payment instruments.

Finally, the BIS findings on the growing scale and concentration of stablecoin flows reinforce concerns raised by Yuliya Guseva, Sangita Gazi, and Douglas Eakeley in “On Innovation and the Coexistence of Stablecoins and Central Bank Digital Currencies” and by Ross Buckley in “Implications for the Dollar of Central Bank Digital Currencies.” Both papers examine how large-scale stablecoin adoption could pose risks to monetary sovereignty and financial stability if left unregulated or poorly coordinated.

Find the links to the papers below.

Regulating Digital Currencies

Duke Law  |  Law & Contemporary Problems

Special issue edited by: Steven Schwarcz, Douglas Arner, and Dirk Zetzsche

Author---Schwarcz.png

Steven Schwarcz

Special Editor

Arner.png

Douglas Arner

Associate Special Editor

Authors---Dirk-Zetzsche.png

Dirk Zetzsche

Associate Special Editor

Published by: Law & Contemporary Problems (Current Issue, 2025) 

Foreword.   In this foreword to the Law and Contemporary Problems special issue, Steven L. Schwarcz (Special Editor), with Douglas W. Arner and Dirk Zetzsche (Associate Special Editors), frames the global transition from analog to digital money—highlighting the rise of cryptocurrencies, stablecoins, and central bank digital currencies (CBDCs). The issue brings together leading voices in law and finance to examine the regulatory, legal, and systemic implications of digital currencies, financial innovation, and evolving payment infrastructures worldwide. Download page

De-Mystifying Digital Currencies.   Steven L. Schwarcz, with assistance from David N. Ord, explores the growing significance of digital currencies—including cryptocurrencies, stablecoins, and central bank digital currencies (CBDCs)—and the regulatory challenges they present. The piece introduces a framework for assessing digital currencies' ability to serve as money and underscores the urgent need for robust, harmonized regulation to address risks to financial stability, consumer protection, and monetary integrity. Download page

The Evolving Role of Digital Currencies in the Global Economy.   Authors Yesha Yadav, Jose Fernandez da Ponte, and Amy Davine Kim examine the shifting landscape of payments in the wake of the COVID-19 pandemic and the rise of digital asset technologies. Drawing on insights from the U.S. payment system, they explore the challenges of financial exclusion, inefficiencies in cross-border transactions, and the policy implications of integrating stablecoins and central bank digital currencies (CBDCs) into modern financial infrastructure. The article offers a forward-looking analysis of how digital currencies can enhance inclusion, efficiency, and resilience in the global economy. Download page

Implications for the Dollar of Central Bank Digital Currencies.   Ross P. Buckley explores how the global proliferation of CBDCs could reshape the international financial system and erode the U.S. dollar’s dominance as the primary global reserve and vehicle currency. The article, published in Law and Contemporary Problems, evaluates CBDC design, geopolitical strategies, and cross-border payment innovations, warning that without a timely and strategic U.S. response—particularly in wholesale digital currencies—the dollar’s “exorbitant privilege” may steadily decline. Download page

On Innovation and the Coexistence of Stablecoins and Central Bank Digital Currencies.  Authors Yuliya Guseva, Sangita Gazi, and Douglas S. Eakeley explore the evolving relationship between public and private forms of digital money. The article examines the regulatory, economic, and technological implications of stablecoins and CBDCs, arguing for a balanced coexistence that preserves the benefits of private-sector innovation while safeguarding public monetary sovereignty. Published in Law and Contemporary Problems, the piece contributes a nuanced framework for understanding the risks, benefits, and policy considerations shaping the future of digital finance. Download page

Some Perspectives on the Regulation of Stablecoins.  Authors Carlos Cantú, Jon Frost, and Thomas M. Noone explore the regulatory challenges and policy considerations surrounding stablecoins, drawing from their experiences as central bankers across the U.S., Mexico, and the Netherlands. The article offers a comparative analysis of regulatory frameworks, including the EU’s MiCA, Mexico’s Fintech Law, and the evolving U.S. debate, while addressing broader questions on timing, scope, financial stability, and innovation. Published in Law and Contemporary Problems, this piece contributes to ongoing discussions about the role of regulation in a fast-changing digital financial landscape. Download page

The EU Approach to Digital Currencies.  This article provides a detailed analysis of the European Union’s evolving regulatory framework for digital currencies, focusing on the Markets in Crypto-Assets Regulation (MiCA). Authors Dirk Zetzsche and Julia Sinnig examine how MiCA classifies and governs various crypto-assets—including Asset-Referenced Tokens (ARTs), E-Money Tokens (EMTs), and crypto-asset service providers (CASPs)—with particular emphasis on licensing, disclosure, investor protection, and reserve management. The article highlights MiCA’s gap-filling role in EU financial law, its limitations in addressing decentralized systems and newer practices like staking and lending, and its aim to ensure financial stability while curbing systemic risks from global stablecoins. Download page

Centralization in Decentralized Finance: Systemic Risk in the Crypto Ecosystem and Crypto’s Future as a Regulated Industry.  Douglas W. Arner, Tanvi Ratna, Sijuade Animashaun, Jatin Bedi, and Naveen Mishra examine how centralization trends within the ostensibly decentralized crypto ecosystem have amplified systemic risks. Using case studies such as the 2022–2023 Crypto Winter and the collapse of FTX, the article outlines the rise of systemically important crypto institutions and calls for both internal risk management reforms and external regulatory frameworks inspired by traditional finance to ensure long-term market stability. Download page

Proprietary Rights and Digital Assets: A “Modest Proposal” from a Transnational Law Perspective.  Louise Gullifer and Ignacio Tirado explore the legal challenges posed by digital assets through the lens of transnational private law. Anchored in the development of the UNIDROIT Principles on Digital Assets and Private Law, the article examines how these principles aim to harmonize domestic legal systems without imposing rigid frameworks, offering soft-law guidance on proprietary rights, custody, and insolvency. The authors underscore the importance of legal clarity, flexibility, and interoperability in addressing the novel characteristics of digital assets across jurisdictions. Download page

DeFiying gravity? An empirical analysis of cross-border Bitcoin, Ether and stablecoin flows.  BIS Working Papers No 1265 by Raphael Auer, Ulf Lewrick and Jan Paulick | Monetary and Economic Department. Download page

* Download from Duke Law |  Law & Contemporary Problems Current Issue Site

PREVIOUSLY ON THIS PAGE
Building Digital Payment Ecosystems: Digital Financial Infrastructure, Financial Inclusion, and the UN Sustainable Development Goals
Download the Paper

MEETUP OPPORTUNITY WITH AUTHORS OF

FinTech: Finance, Technology & Regulation book

Checkout where is the next meetup!

bottom of page