The Harmonisation of National Legal Systems: Strategic Models and Factors

Research output: Book/ReportBook - authored

Abstract

This book offers a novel perspective on the leading concept of harmonisation, advocating the mutual benefits and practical utility of harmonised law. Theoretical models and factors for harmonisation are explored in detail. The author acknowledges a range of additional factors and presents harmonisation as a widely applicable theory with wide-ranging implications for the world's legal systems.

The analysis proceeds with an in-depth insight into the fundamental aspects of harmonisation, including the world of free trade, recognition of human rights and open socio-political systems. Two distinct models for the effective harmonisation of legal systems are prescribed and explored: a general model and a specific model. The general model relates to minor formal changes introduced in the domestic sphere, while the specific model relates to significant and/or constitutional changes that would be necessitated in domestic law. These models allow for the effective implementation of harmonised legal norms in national spheres. Additionally, the author examines comparative and socio-legal factors, identifies how the factors are modifiable and creates examples for the movement from theory to practice.
Original languageEnglish
PublisherEdward Elgar Publishing Ltd
Number of pages320
ISBN (Electronic)9781786433299
ISBN (Print)9781786433282
Publication statusPublished - 2017

Keywords

  • Harmonisation of Laws
  • Comparative Law
  • Legal Sociology
  • European Law
  • International Law

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