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Home » News » How should a token be designed tohave legal effect? Toward a future legal token standard

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Picture of Ignacio Ferrer-Bonsoms

Ignacio Ferrer-Bonsoms

Ignacio Ferrer-Bonsoms is a business lawyer and founder of the Blockchain Arbitration & Commerce Society (BACS), an initiative focused on the development of legal infrastructure for the digital economy.

His work centers on how legal systems interact with emerging technologies such as blockchain, digital assets and artificial intelligence, with a particular focus on cross-border structures, dispute resolution and legal enforceability.

He has been involved in the structuring of digital and blockchain-related projects across multiple jurisdictions, providing him with a practical perspective on how these systems operate and where they face limitations.

Through BACS, he develops frameworks and proposals aimed at bridging the gap between law and technology, contributing to the evolution of legal systems in digital environments.

He is the author of Bitcoin Digital Law, where he explores blockchain as an emerging form of digital legal order and analyzes its implications for traditional legal frameworks.

Home » News » How should a token be designed tohave legal effect? Toward a future legal token standard
17 de June de 2026

How should a token be designed tohave legal effect? Toward a future legal token standard

Blockchain Governance digital assets Digital Justice Digital Property Rights ERC-3643 Internet Jurisdiction Legal Enforcement Legal Oracles smart contracts Tokenization Web3 Governance

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The blockchain industry has spent the last decade solving technical problems.

Consensus mechanisms have improved.

Smart contracts have become increasingly sophisticated.

Tokenization platforms have multiplied.

Stablecoins have reached global scale.

Yet one fundamental question remains largely unanswered:

How should a token be designed if we want it to operate not only as code, but also as a legally enforceable digital asset?

Most blockchain standards focus on technical interoperability.

ERC-20 defines fungible tokens.

ERC-721 defines non-fungible tokens.

ERC-1155 combines different token types.

ERC-3643 introduces compliance features for regulated assets.

These standards are important, but they primarily address technological functionality.

They do not solve the problem of legal enforceability.

As blockchain-based assets increasingly represent real economic value, the next generation of token standards may need to integrate not only code, but also legal rights, legal obligations, and mechanisms of digital justice.

The future may belong to what could be called the legally enforceable token.

The limitation of current token standards

Today, most tokens operate under a simple assumption:

Whoever controls the private keys controls the asset.

This principle works reasonably well for purely digital assets such as Bitcoin.

However, problems emerge when tokens represent:

  • Real estate.
  • Shares in companies.
  • Debt instruments.
  • Stablecoins.
  • Intellectual property rights.
  • Commercial agreements.
  • Tokenized commodities.

In these situations, disputes inevitably arise.

Ownership may be challenged.

Assets may be stolen.

Contracts may be breached.

Fraud may occur.

The blockchain itself cannot determine who is legally right.

As discussed in our previous article, Legal Oracles: The Missing Bridge Between Law and Blockchain, blockchain systems can verify transactions, but they cannot independently determine legal facts.

This creates a significant enforcement gap.

Beyond tokenization: legal tokenization

Many projects claim to be tokenizing assets.

In reality, most are merely digitizing records.

True tokenization requires something more.

The token must be capable of carrying legal consequences.

A legally enforceable token would not simply represent value.

It would represent a complete legal relationship.

The token itself would contain references to:

  • Ownership rights.
  • Transfer restrictions.
  • Jurisdictional rules.
  • Dispute resolution mechanisms.
  • Enforcement procedures.
  • Legal identity systems.
  • Compliance requirements.

In other words, the token would become a container for both technology and law.

This concept is closely aligned with the theory developed in Bitcoin Digital Law, which argues that blockchain systems increasingly operate as forms of private digital law within what can be described as the Internet Jurisdiction. Rather than viewing tokens merely as technological tools, they should be understood as legal instruments capable of creating, transferring, and enforcing rights in digital environments.

The essential components of a legal token standard

1. Embedded legal identity

The first requirement is legal attribution.

Current blockchain systems prioritize pseudonymity.

For many commercial applications, however, legal certainty requires identifying the parties involved.

This does not necessarily mean public disclosure.

Identity systems based on decentralized credentials could allow users to prove legal status while preserving privacy.

The token should be capable of linking ownership to verified legal identities when required.

This is already being explored through token standards such as ERC-3643, which integrates compliance and identity layers into tokenized assets.

Related article here.

 

2. Built-in dispute resolution

A legal token should contain a dispute resolution clause from its creation.

Today, disputes occur outside the token.

Courts or arbitrators become involved only after conflicts arise.

Future tokens could integrate dispute resolution directly into their architecture.

For example:

  • Arbitration rules.
  • Selection mechanisms for arbitrators.
  • Applicable legal frameworks.
  • Evidence procedures.
  • Recognition of digital evidence.

This approach resembles the model proposed by the BACS Arbitration Framework, where dispute resolution becomes part of the digital asset itself rather than an external process.

Related article, about why traditional arbitration and courts cannot solve crypto disputes.

 

3. Legal oracle integration

Perhaps the most important component is the legal oracle.

Technical oracles provide blockchain systems with external data.

Legal oracles would provide legal determinations.

For example:

  • Ownership confirmation.
  • Court decisions.
  • Arbitration awards.
  • Compliance certifications.
  • Bankruptcy declarations.
  • Asset freezes.

Without legal oracles, enforcement remains dependent on manual intervention.

With legal oracles, legal decisions can become executable events.

This transforms legal certainty from a paper-based process into programmable infrastructure.

 

4. Enforcement capabilities

Current legal systems separate judgment from enforcement.

Obtaining a favorable judgment often represents only the beginning of a lengthy enforcement process.

Blockchain creates the possibility of reducing this gap.

A future legal token could include predefined enforcement mechanisms.

Examples include:

  • Temporary freezing.
  • Escrow functionality.
  • Conditional transfers.
  • Automated release of assets.
  • Transfer restrictions following legal determinations.

This idea is already visible in stablecoin ecosystems where issuers can freeze assets. As analyzed in Stablecoins and Asset Freezing: The New Legal Battlefield of the Internet Jurisdiction, the real challenge is not technical capability but ensuring due process and legal certainty through trusted legal oracle systems.

The objective is not to eliminate due process.

The objective is to make enforcement more efficient once due process has occurred.

5. Recognition of digital property rights

A legal token standard must clearly define what rights are attached to the token.

Many tokenization projects remain legally ambiguous because the underlying rights are poorly defined.

A future standard should specify:

  • Economic rights.
  • Governance rights.
  • Voting rights.
  • Redemption rights.
  • Transferability rules.
  • Enforcement rights.

Without legal clarity, tokenization risks becoming little more than a technological wrapper around uncertain legal arrangements.

As argued in Bitcoin Digital Law, digital assets should increasingly be understood as forms of digital property governed by the rules of the Internet Jurisdiction, not merely as entries in a distributed database.

The emergence of the Internet Jurisdiction

The development of legal token standards reflects a broader transformation.

Digital economies increasingly operate beyond traditional territorial boundaries.

Transactions occur globally.

Smart contracts execute automatically.

Stablecoins move across jurisdictions in seconds.

Digital assets exist simultaneously everywhere and nowhere.

As a result, we are witnessing the emergence of what can be described as the Internet Jurisdiction: a legal environment in which digital relationships require their own governance and enforcement structures.

This evolution is already visible in the growing institutional adoption of blockchain-based financial products, tokenized securities, and regulated stablecoins.

The question is no longer whether digital assets need legal frameworks.

The question is how those frameworks can be integrated directly into the infrastructure itself.

From “Code is Law” to “Law is Code”

For many years, the blockchain industry embraced the slogan “Code is Law.”

The idea was simple: software rules would replace traditional legal systems.

Reality has demonstrated the limitations of this approach.

Code cannot resolve every dispute.

Code cannot evaluate fraud.

Code cannot determine intent.

Code cannot guarantee justice.

The next phase of blockchain evolution may therefore be characterized by a different principle:

Law is Code.

Under this model, legal rights, legal procedures, and legal enforcement become integrated into programmable systems.

Tokens cease to be mere digital representations of value.

They become legally functional digital assets.

This is precisely the direction explored by BACS through concepts such as legal oracles, digital enforcement, blockchain arbitration, and programmable justice.

Conclusion

The future of tokenization is unlikely to be defined solely by faster blockchains, lower fees, or greater scalability.

The next major innovation may be legal rather than technological.

A truly mature digital economy will require tokens capable of incorporating identity, rights, dispute resolution, legal oracles, and enforcement mechanisms within a single programmable framework.

The token standards of the future may therefore look very different from those of today.

Not because the technology changes.

But because law itself becomes part of the architecture.

As explained in Bitcoin Digital Law: Why Cryptocurrencies Are Digital Laws of the Internet Jurisdiction and Why States Must Adapt, blockchain is gradually evolving from a payment infrastructure into a legal infrastructure. The legally enforceable token may become one of the clearest examples of that transformation.

And when that happens, tokenization will finally evolve into something much more powerful:

the creation of legally enforceable digital property within the Internet Jurisdiction.

Share your crypto thoughts

All BACS members have access to this section to share their reports, narratives, and other thoughts related to their professional sector and the blockchain technology environment.

If you wish to submit your publication, please email info@bacsociety.com or use the form.

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