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The Harmonisation of National Legal Systems

Strategic Models and Factors

Antonios E. Platsas

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. Antonios E. Platsas acknowledges a range of additional factors and presents harmonisation as a widely applicable and useful theory.
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Conclusions: a few thoughts

Strategic Models and Factors

Antonios E. Platsas

Extract

In this final part of the book, a number of conclusions could be reached. Certain of the conclusions are of a more general nature, whereas others are of a more particular nature. Normally, the former relate to the harmonisation thesis as a whole, whereas the latter relate to the specific models and factors of this book.

The first conclusion to be drawn is that the complexity of the legal harmonisation thesis is something which should be taken for granted. Nevertheless, the complexity of this thesis comes with considerable aesthetic appeal, appeal which is the result of the utility and benefit which this thesis can create for relevant stakeholders. Thus, the harmonisation thesis, in all its complexity, seems to be of particular benefit for individuals, corporate actors and States (albeit the rule is not without exceptions).

Second, the legal harmonisation thesis is about autonomy;1 thus, whereas the thesis pays due recognition to the nation, harmonisation projects in law operate over and above legal systems and nations. This comes in agreement with the fact that law stands, arguably, over and above States, systems and individuals.

Third, the harmonisation thesis per se is about a triumph of reason and logic. The thesis prescribes convergence of legal systems, when and where it would be reasonable for such a state of affairs to occur. Equally, the harmonisation thesis, in all its complexity, is a flexible thesis. It points to the legal one but it makes allowance for applications...

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