Description
Book SynopsisThis 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. Antonios E. Platsas acknowledges a range of additional factors and presents harmonisation as a widely applicable and useful theory.
The Harmonisation of National Legal Systems gives 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 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. The author examines comparative and socio-legal factors, identifies how the factors are modifiable and creates examples for the movement from theory to practice.
Academics, researchers and advanced students of international, European and comparative law will find this an excellent point of reference due to the extensive exploration of the potential of harmonisation theory.
Table of ContentsContents: Introduction – Ideological Nexus of the Law Convergence Thesis 1. Definitions, Strategic Considerations and Subject Matter 2. General Model of Incorporating Harmonised Law 3. Specific Model of Incorporating Harmonised Law Introduction to the Factors 4. Comparative Law Factor in the Process of Incorporating Harmonised Law 5. Socio-Legal Factor in the Process of Incorporating Harmonised Law Conclusions: A Few Thoughts
