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Andenas, Mads; Andersen, Camilla Baasch; Ashcroft, Ross --- "Towards a Theory of Harmonisation" [2012] ELECD 373; in Andenas, Mads; Andersen, Baasch Camilla (eds), "Theory and Practice of Harmonisation" (Edward Elgar Publishing, 2012)

Book Title: Theory and Practice of Harmonisation

Editor(s): Andenas, Mads; Andersen, Baasch Camilla

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781849800013

Section: Chapter 29

Section Title: Towards a Theory of Harmonisation

Author(s): Andenas, Mads; Andersen, Camilla Baasch; Ashcroft, Ross

Number of pages: 23

Extract:

29. Towards a theory of harmonisation
Mads Andenas,* Camilla Baasch Andersen**
and Ross Ashcroft

I. INTRODUCTION ­ THE MANY FACES OF
HARMONISATION
The concept of harmonisation of legal phenomena1 can be traced back to early
legal history, as far back as Roman law or early colonial law.2 However, in modern
times, we must distinguish modern (and arguably voluntary) harmonisation from
that of the imposed laws of military and colonial conquests. Modern harmonisa-
tion, however we define it, is an important feature of the modern legal system,
which does not exist in a vacuum in today's globalised markets and economy.
Formally, UNIDROIT laid the foundations for legal harmonisation projects
as long ago as the 1920s. Although the projects which it aimed at establishing
subsequently failed due to lack of international support,3 other significant pro-
jects in the UNCITRAL (United Nations Commission for International Trade
Law) and other UN regimes have successfully built on many of the UNIDROIT
concepts. Informally, the various trade practices have developed rules for trade


* MA, DPhil(Oxford), PhD(Cambridge); Professor, University of Oslo, Norway.
Former Director, British Institute of International and Comparative Law, London and
Centre of European Law, King's College, University of London. Senior Research Fel-
low, IALS, University of London, UK. Research was undertaken with support from the
Norwegian Finance Market Fund.
** Cand.Jur. (Copenhagen), PhD (Aarhus School of Business). Fellow, Institute of
International Commercial Law, Pace University Law School, New York, USA and Senior
Lecturer in Law, University of Leicester, UK.

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