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Theory and Practice of Harmonisation

Theory and Practice of Harmonisation
Author: Mads Andenas
Publisher: Edward Elgar Publishing
Total Pages: 641
Release: 2012
Genre: Law
ISBN: 0857933175

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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.


Redefining Harmonisation

Redefining Harmonisation
Author: Ghio, Emilie
Publisher: Edward Elgar Publishing
Total Pages: 240
Release: 2022-06-14
Genre: Law
ISBN: 1789903831

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Providing a definition of the concept of harmonisation within the context of the European Union, this timely book debunks the idea that EU harmonisation measures are made behind closed doors in Brussels and imposed, top-down, on the Member States. Offering an in-depth exploration of the concept of harmonisation through the lens of European Insolvency Law, the book will be an insightful read for students and legal scholars interested in EU law and the law-making process.


The Harmonisation of National Legal Systems

The Harmonisation of National Legal Systems
Author: Antonios E. Platsas
Publisher: Edward Elgar Publishing
Total Pages: 320
Release: 2017-10-27
Genre: Law
ISBN: 178643329X

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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.


Unification and Harmonization of International Commercial Law

Unification and Harmonization of International Commercial Law
Author: Morten Fogt
Publisher: Kluwer Law International B.V.
Total Pages: 304
Release: 2012-07-18
Genre: Law
ISBN: 9041140751

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In theory, the numerous existing formal instruments designed to unify or harmonize international commercial law should achieve the implied (and desired) end result: resolution of the legal uncertainty and lack of predictability in the legal position of traders. However, it is well known that they fall far short of such an outcome. This innovative book (based on a conference held at the University of Aarhus in October 2009) offers deeply considered, authoritative responses to important practical questions that have still not been answered comprehensively, and that need to be answered for the efficient conduct of international commerce and for the future development of international commercial law. These questions include: ; Can clearly preferred methods of unification and harmonization be identified? What are the benefits of achieving unification and harmonization by means of party autonomy and contract practice? Is it necessary first to harmonize some aspects of private international law? Which aspects of unification and harmonization should be formal, and which can remain informal? How should formal and informal measures interact? What conflicts are likely to arise, and what resolutions are available? Should tensions be seen as inevitable, positive, and necessary? Which of several international instruments are applicable, and what order of priority should apply? Sixteen different nationalities are represented, allowing for fruitful discussion across all major legal systems. Prominent scholars and experienced practitioners offer deeply informed insights into how to navigate the complex field of international commercial law with its multiplicity of instruments, and how to resolve or neutralize the possible defects of various different means of unification and harmonization of international commercial law. These insights and proposals are sure to be welcomed by interested academics, practitioners, judges, arbitrators, and businessmen throughout the world at global, regional, and local levels.


Harmonising Copyright Law and Dealing with Dissonance

Harmonising Copyright Law and Dealing with Dissonance
Author: Sheldon W Halpern
Publisher: Edward Elgar Publishing
Total Pages: 209
Release: 2014-10-31
Genre: Law
ISBN: 1782544194

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øThe highly-regarded authors of this important work explore the constitutional, institutional, and cultural barriers to harmonisation of the copyright laws of the United States and the European Union. They consider these matters in the real world trans


Harmonisation of EU Competition Law Enforcement

Harmonisation of EU Competition Law Enforcement
Author: Jurgita Malinauskaite
Publisher: Springer Nature
Total Pages: 280
Release: 2019-11-15
Genre: Law
ISBN: 3030302334

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This book explores how the EU’s enforcement of competition law has moved from centralisation to decentralisation over the years, with the National Competition Authorities embracing more enforcement powers. At the same time, harmonisation has been employed as a solution to ensure that the enforcement of EU competition rules is not weakened and the internal market remains a level playing field. While employing a comparative law argument, the book, accordingly, analyses the need for harmonisation throughout the different stages of development of the EU’s competition law enforcement (save Merger control and State Aid), the underlying rationale, and the extent to which comparative studies have been undertaken to facilitate the harmonisation process from an historical perspective. It also covers the Directives, such as the Antitrust Damages Directive and the ECN+ Directive. Investigating both public and private enforcement, it also examines the travaux préparatoires for the enforcement legislation in order to discover the drafters’ intent. The book addresses the European and the Member States’ perspectives, namely, the Central and Eastern European (CEE) countries, as harmonisation proceeds through dialogue and cooperation between the two levels. Lastly, it explores the extent to which harmonisation of the competition law enforcement framework has been accepted and implemented in the Member States’ legal systems, or has led to the fragmentation of the national systems of the CEE countries.


Banking Theory and Practice, 21th Edition

Banking Theory and Practice, 21th Edition
Author: K.C. Shekhar & Lekshmy Shekhar
Publisher: Vikas Publishing House
Total Pages: 802
Release: 1974
Genre: Business & Economics
ISBN: 932596905X

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Banking Theory and Practice covers the entire gamut of topics in the field of banking–from its evolution to the latest trends. The Indian banking system is undergoing unprecedented changes as a result of new legislations and reforms in response to the contemporary needs. The present edition has kept pace with these developments, including the changes in legislation, growing globalization of banking, as well as the expansion of the banking business to meet the needs of customers for a wider range of services. The book, which was initially aimed to serve the needs of undergraduate students, has over the years deepened and widened in both scope and contents. It is now an essential resource not only for undergraduate students, but also for professional bankers and those who pursue more advanced and practically oriented studies on the subject. KEY FEATURES • Subject matter thoroughly revised and statistical data updated • Covers the move towards universal banking, virtual banking, green banking • Includes flexi bank accounts and speed clearing • Covers Banking Laws (Amendment) Act, 2011 • A new chapter on Financial Stability, especially in the Indian context • Covers changes in the operating procedure of monetary policy • Payments and settlement system and its development in India, including introduction of NEFT, CTS, National ECS, MICR cheques and RTGS • Learning objectives at the beginning of each chapter • Summary and review questions at the end of each chapter


Rethinking European Union Foreign Policy

Rethinking European Union Foreign Policy
Author: Ben Tonra
Publisher: Manchester University Press
Total Pages: 192
Release: 2004
Genre: Political Science
ISBN: 9780719060021

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This text reviews a variety of approaches to the study of the European Union's foreign policy. Much analysis of EU foreign policy contains implicit theoretical assumptions about the nature of the EU and its member states, their inter-relationships, the international system in which they operate and the nature and direction of European integration. In many instances such assumptions, given that they are not discussed openly, curtail rather than facilitate debate. The purpose of this book is to open up this field of enquiry so that students, observers and analysts of EU foreign policy can review a broad range of tools and theoretical templates from which the development and the trajectory of the EU's foreign policy can be studied.


Mediation and Commercial Contract Law

Mediation and Commercial Contract Law
Author: Maryam Salehijam
Publisher: Routledge
Total Pages: 218
Release: 2020-12-10
Genre: Law
ISBN: 1000262367

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There is an urgent need to better understand the legal issues pertaining to alternative dispute resolution (ADR), particularly in relation to mediation clauses. Despite the promotion of mediation by dispute resolution providers, policy makers, and judges, use of mediation remains low. In particular, problems arise when parties lack certainty regarding the legal effect of a mediation clause, and the potential uncertainty regarding the binding nature of agreements to pursue mediation is problematic and threatens the growth of ADR. This book closely examines the importance and complexity of mediation clauses in commercial contracts to remedy this persistent uncertainty. Using comparative law methods and detailed empirical research, it explores the creation of a comprehensive framework for the mediation clause. Providing valuable insight into the process of ADR and mediation, this book will be of interest to academics, law makers, law students, in-house council, lawyers, as well as parties interesting in drafting enforceable mediation clauses.


Professional Practice Discourse Marginalia

Professional Practice Discourse Marginalia
Author: Joy Higgs
Publisher: Springer
Total Pages: 268
Release: 2016-07-23
Genre: Education
ISBN: 9463006001

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This is a book for practitioners, university educators, workplace learning educators, researchers and the professions. It draws together two key elements of the lives of these people: professional practice – what people do, and practice discourse – what they write and say about what they do. And, it focuses these discussions around two spaces – the core and the margins, of practice and discourse. Writing in the margins of texts has a very long history. People have always left part of themselves – their ideas, personality and reflections – in the margins of texts. In this book we have taken up the idea of such written marginalia and we have expanded it into writing into the texts of practice discourse as well as speaking and acting in the margins of professional practice. Such deliberate practice changes in marginal practice spaces and in written practice discourse provides ways of shaping and critically appraising current and future professional practice. This book provides a dialogue between two fascinating phenomena: professional practice and discourse. In the 21st century these two are facing challenges as they negotiate their contested spaces in a rapidly changing global society. They draw on strong established traditions and expectations but they cannot be complacent in these illusory stabilities. Rather they must be awake to the imperatives of their own re-invention and re-claimed relevance to today’s society and today’s professional class in the workforce. Across the chapters we explore the core spaces of professional practice discourse from the vantage point of the margins of this space, and the margin spaces as they interact with the core. Marginalia serves as an architect of destabilisation, challenge, revolution, reflection or sometimes affirmation of the central discourse space. There are five sections in the book: Section One: Professional practice discourse, Section Two: Leading the practice discourse, Section Three: Writing from inside practice, Section Four: Writing onto and into practice and Section Five: Marking trails and stimulating insights. Readers are invited to contribute to our exploration of the phenomenon and practice of professional practice discourse marginalia.