Edited by Mads Andenas and Camilla Baasch Andersen
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.
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- Preface: Theory and practice of harmonisation
- Chapter 1: Harmonising and Regulating Financial Markets
- Chapter 2: Applied Uniformity of a Uniform Commercial Law: Ensuring Functional Harmonisation of Uniform Texts through a Global Jurisconsultorium of the CISG
- Chapter 3: Regulatory Competition or Harmonisation: The Dilemma, the Alternatives and the Prospect of Reflexive Harmonisation
- Chapter 4: Harmonisation of Substantive Legal Principles and Structures: Lessons from Environmental Laws in a Federal Legal System (Australia)
- Chapter 5: Disharmony in the Process of Harmonisation? – The Analytical Account of the Strasbourg Court’s Variable Geometry of Decision-making Policy Based on the Margin of Appreciation Doctrine
- Chapter 6: The Draft Academic Common Frame of Reference and the ‘Toolbox’
- Chapter 7: Francovich Liability for Breach of European Union Law
- Chapter 8: International Law on the Carriage of Goods by Sea: UNCITRAL’s Most Recent Harmonisation Efforts
- Chapter 9: Demandeur-centricity in Transnational Commercial Law
- Chapter 10: International Commercial Harmonisation and National Resistance – the Development and Reform of Transnational Commercial Law and its Application Within National Legal Culture
- Chapter 11: Methodological Challenges of Codifying or Consolidating National and International Sales Law Based on CISG Article 35
- Chapter 12: How Far are National Broadcasting Orders Converging as a Consequence of European Media Law and Policy?
- Chapter 13: The Fallacy of the Common Core: Polycontextualism in Surety Protection – a ‘Hard Case’ in Harmonisation Discourse
- Chapter 14: Harmonisation of Business Law: The Experience of Africa
- Chapter 15: Achieving Optimal Use of Harmonisation Techniques in an Increasingly Interrelated Twenty-first Century World–Consumer Sales: Moving the EU Harmonisation Process to a Global Plane
- Chapter 16: The Meaning of Harmonisation in the Context of European Union Law – a Process in Need of Definition
- Chapter 17: Theory and Practice of Harmonisation in the European Internal Market
- Chapter 18: International Competition Law Harmonisation and The WTO: Past, Present and Future
- Chapter 19: Convergence, Path-dependency and Credit Securities: The Case Against Europe-wide Harmonisation
- Chapter 20: Lex Mercatoria as Transnational Commercial Law: Is the Lex Mercatoria Preferentially for the ‘Mercatocracy’?
- Chapter 21: The Legal Basis for Harmonisation of Environmental Criminal Law in the EU: Past and Future Challenges
- Chapter 22: Comparative Law and European Harmonisation – a Match Made in Heaven or Uneasy Bedfellows?
- Chapter 23: Should the EU be Attempting to Harmonise National Systems of Labour Law?
- Chapter 24: The Acquis Principles: An Insider’s Critical Reflections on the Drafting Process
- Chapter 25: Harmonisation of Competition Law in Multilateral Trade Framework: China’s WTO Membership and its Anti-monopoly Law
- Chapter 26: Harmonised Legal Framework for Carbon Trading
- Chapter 27: Technical Considerations in Harmonisation and Approximation: Legislative Drafting Techniques for Full Transposition
- Chapter 28: International Harmonisation of Credit and Security Laws: The Way Forward
- Chapter 29: Towards a Theory of Harmonisation