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Book Title: Theory and Practice of Harmonisation
Editor(s): Andenas, Mads; Andersen, Baasch Camilla
Publisher: Edward Elgar Publishing
ISBN (hard cover): 9781849800013
Section Title: Preface: Theory and practice of harmonisation
Number of pages: 4
Extract:
Preface: Theory and practice of
harmonisation
The topic of this book is the theory and practice of harmonisation. This is an
ambitious topic, and this book can only make a limited contribution. The con-
tributors come from different fields of law, and develop a number of common
themes.
Harmonisation is an important feature of the modern legal system. Harmonisa-
tion of the laws of the Member States is a core instrument of the European Union.
Many international treaty obligations entail duties to adopt conform legislation
and ensure conform application. International and regional human rights treaties
provide important examples of this. There is a considerable scholarly literature
on different harmonisation issues, but not bringing together the outcome of this
scholarship in a comparative analysis or in developing more general theory on
the harmonisation process or different aspects of it. There is a further need for
bringing together scholars of a range of legal, social science and humanities
disciplines, including from within the law, general legal theory or jurisprudence,
constitutional law, comparative law, international law, human rights law and EU
law, and the different national and international legal areas most affected by har-
monisation. Contributions are made in integration studies, international relations,
European studies, and political theory. Moving freely over the boundaries that
divide the law, and the fragmented scholarly disciplines, may usefully combine
perspectives in interdisciplinary and multidisciplinary scholarship. In this way
one may provide models for, and improve, the understanding of the harmonisa-
tion process. This book is mainly by ...
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URL: http://www.austlii.edu.au/au/journals/ELECD/2012/344.html