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Vol 23 No 3 March/April 2018

Book of the Month

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Scamell and Gasztowicz on Land Covenants

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Theory and Practice of Harmonisation

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Edited by: Mads Andenas, Camilla Andersen

ISBN13: 9781849800013
Published: March 2012
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £186.00

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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 of harmonisation, and covers both regional harmonisation within the EU and regional human rights treaties, as well as harmonisation with international treaty obligations. With comparative analysis that contributes to the development of a more general theory on the harmonisation process, this timely book will appeal to EU and international law scholars and practitioners, as well as those looking to future legal harmonisation in other regions in Asia, Latin America and Africa.

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Public International Law
1. Harmonising and Regulating Financial Markets Mads Andenas
2. Applied Uniformity of Commercial Law: Ensuring Functional Harmonisation of Uniform Texts Camilla Andersen
3. Regulatory Competition or Harmonization: The Dilemma, the Alternatives and the Prospect of Reflexive Harmonization Stelios Andreadakis
4. Harmonisation of Substantive Legal Principles and Structures: Lessons from Environmental Laws in a Federal Legal System (Australia) Ross Ashcroft
5. Disharmony in the Process of Harmonisation? - The Analytical Account of the Margin of Appreciation Doctrine as an Interpretive Device of the ECHR, 8000 Words CBA Yutaka Arai
6. The Draft Academic Common Frame of Reference Hugh Beale
7. Francovich Liability for Breach of European Union Law Gerrit Betlem
8. International Law on the Carriage of Goods by Sea: UNCITRAL's Most Recent Harmonisation Efforts Miriam Goldby
9. The Harmonisation of National Commercial Laws Sandep Gopalan
10. International Commercial Harmonisation and National Resistance - the Development and Reform of Transnational Commercial Law and its Application Within National Legal Culture Maren Heidemann
11. Methodological Challenges of Codifying or Consolidating National and International Sales Law Based on CISG Art.
35 Rene Franz Henschel
12. In How Far are National Broadcasting Orders Converging as a Consequence of European Media Law and Policy? Irena Katsirea
13. The Fallacy of the Common Core: Polycontextualism in Surety Protection - a 'Hard Case' in Harmonisation Discourse Mel Kenny and James Devenney
14. Harmonisation of Business Law: The Experience of Africa Jimmy Kodo
15. Agency Governance and 'New Forms' of Harmonisation Emilia Korkea-aho
16. Achieving Optimal Use of Harmonization Techniques in an Increasingly Interrelated Twenty-First Century World Consumer Sales: Moving the EU Harmonization Process to a Global Plane l. Kritzer, Louis Del Duca and Dan Nagel
17. The Meaning of Harmonisation in the EC Law Context - a Process in Need of Definition E.J. Lohse
18. Theory and Practice of Harmonisation in the European Internal Market
Harmonisation and Regulatory Differentiation in the European Community with Specific Regard to the Derogations Contained within Article 95 EC Isadora Maletic
19. International Competition Law Harmonisation and The WTO: Past, Present and Future Jurgita Malinauskaite
20. Convergence, Path-dependency and Credit Securities: The Case Against Europe-wide Harmonisation Gerald McCormack
21. Lex Mercatoria as Transnational Commercial Law: Is the Lex Mercatoria Preferentially for the 'Mercatocracy'? Adaora Okwor
22. Models of Harmonisation of Environmental Criminal Law: Unification, Approximation, Co-operation or a Mixed Method? Ricardo Pereira
23. Comparative Law and European Harmonisation - a Match Made in Heaven or Uneasy Bedfellows? Dagmar Schiek
24. Should the EU be Attempting to Harmonise National Systems of Labour Law? Phil Syrpis
25. The Acquis Principles: An Insider's Critical Reflections on the Drafting Process Christian Twigg-Flesner
26. Harmonization of Competition Law in Multilateral Trade Framework: China's WTO Membership and its Antimonopoly Law Qianlan Wu
27. Harmonised Framework for Carbon Trading Bruno Zeller
28. Technical Considerations in Harmonization and Approximation: Legislative Drafting Techniques for Full Transposition Helen Xanthaki
29. Towards a Theory of Harmonis Mads Andenas, Camilla Andersen and Ross Ashcroft