Theory and practise of harmonisation / edited by Mads Andenaes, Camilla Baasch Andersen.

Format:

Book

Contributor:

Andenaes, Mads.

Andersen, Camilla Baasch.

Language:

English

Subjects (All):

Law--International unification.

Law.

Law--Methodology.

Law--Philosophy.

Physical Description:

1 online resource (640 p.)

Place of Publication:

Cheltenham [England] ; Northampton, Mass. : Edward Elgar Pub., 2011.

Language Note:

English

Summary:

Harmonised and uniform international laws are now being spread across different jurisdictions and fields of law, bringing with them an increasing body of scholarship on practical problems and theoretical dimensions. This comprehensive and insightful book focuses on the contributions to the development and understanding of the critical theory of harmonisation. The contributing authors address a variety of different subjects concerned with harmonisation and the application of legal rules resulting from harmonisation efforts. This study is written by leading scholars engaged in different aspects

Contents:

Cover; Copyright; Contents; Contributors; Preface: Theory and practice of harmonisation; 1. Harmonising and regulating financial markets; 2. Applied uniformity of a uniform commercial law: ensuring functional harmonisation of uniform texts through a global jurisconsultorium of the CISG*; 3. Regulatory competition or harmonisation: the dilemma, the alternatives and the prospect of reflexive harmonisation; 4. Harmonisation of substantive legal principles and structures: lessons from environmental laws in a federal legal system (Australia)

5. Disharmony in the process of harmonisation? - The analytical account of the Strasbourg Court's vairable geometry of decision-making policy based on the margin of appreciation doctrine6. The draft academic common frame of reference and the 'toolbox'*; 7. Francovich liability for breach of European Union law; 8. International law on the carriage of goods by sea: UNCITRAL's most recent harmonisation efforts; 9. Demandeur-centricity in transnational commercial law

10. International commercial harmonisation and national resistance - the development and reform of transnational commercial law and its application within national legal culture11. Methodological challenges of codifying or consolidating national and international sales based on CISG Article 35; 12. How far are national broadcasting orders converging as a consequence of European media law and policy?; 13. The fallacy of the common core: polycontextualism in surety protection - a 'hard case' in harmonisation discourse; 14. Harmonisation of business law: the experience of Africa

15. Achieving optimal use of harmonisation techniques in an increasingly interrelated twenty-first century world-consumer sales: moving the EU harmonisation process to a global plane16. The meaning of harmonisation in the context of European Union law - a process in need of definition; 17. Theory and practice of harmonisation in the European internal market; 18. International competition law harmonisation and the WTO: past, present and future; 19. Convergence, path-dependency and credit securities: the case against Europe-wide harmonisation*

20. Lex Mercatoria as transnational commercial law: is the Lex Mercatoria preferentially for 'mercatocracy'?21. The legal basis for harmonisation of environmental criminal law in the EU: past and future challenges; 22. Comparative law and European harmonisation - a match made in heaven or uneasy bedfellows?; 23. Should the EU be attempting to harmonise national systems of labour law?*; 24. The acquis principles: an insider's critical reflections on the drafting process*; 25. Harmonisation of competition law in multilateral trade framework: China's WTO membership and its Anti-monopoly Law*

26. Harmonised legal framework for carbon trading

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

ISBN:

1-280-49316-X

9786613588395

0-85793-317-5

OCLC:

782880173