Principle 1 Scope
摘要
Principle 1 Unidroit DAPL ushers in the Principles by delimiting their scope. It states that “these Principles deal with the private law relating to digital assets”. Thus, the Principles are meant to provide international standards to guide States in accommodating their private laws to digital assets. It is a concise principle whose succinctness nonetheless encapsulates the main policy decisions adopted by the Working Group on the objective, that is, the material, and substantive scope of the instrument. Principle 1 pivots on the main elements—digital assets and private law—that define the perimeters of the Principles and how they are expected to interface with other international instruments and national laws. On the one hand, digital assets are defined in Principle 2. On the other hand, private law is not strictly defined, although it is delineated from various perspectives. Private law is opposed to ‘regulation’ or ‘regulatory law’, in the sense that it does not cover rules that are to be enforced by public authorities. The Principles do not cover all areas of private law, such as consumer protection or intellectual property. Yet, the Principles are focused on proprietary rights and digital assets. But even within that realm, the Principles do not provide a complete framework as various issues are not regulated. Despite its generality and conciseness, Principle 1 represents the mainstay of the Principles and it crystallised the main policy decisions and conceptual solutions of the international harmonizing process.