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The harmonisation of national legal systems : strategic models and factors

Platsas, Antonios E., author Save to your list

Publication Details Click to collapse Cite/Export

  • Creator Antonios E. Platsas, Associate Professor of Law, Higher School of Economics, National Research University, Moscow, Russian Federation
  • Format Books
  • Publication Cheltenham, UK : Edward Elgar Publishing, [2017]
  • Physical Details
    • xxvii, 288 pages : illustrations ; 25 cm
  • ISBNs 1786433281, 9781786433282
  • OCLC ocn984721075

Summary

  • "This book offers a...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 and useful theory. [This book also offers an] 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."--

Notes

  • Includes bibliographical references (pages 249-281) and index.

Contents

  • Definitions, strategic considerations and subject matter -- General model of incorporating harmonised law -- Specific model of incorporating harmonised law -- Comparative law factor in the process of incorporating harmonised law -- Socio-legal factor in the process of incorporating harmonised law -- Conclusions : a few thoughts