How does the area of law predict the prospects of harmonisation?

    Research output: Contribution to journalArticlepeer-review

    Abstract

    Although each set of uniform Acts is unique, sets of uniform Acts within an area of law have some common traits that impact the prospects for achieving uniformity in the process of harmonisation. Identifying these areas to explain how uniformity can be achieved offers valuable insights. The key findings suggest that specific areas of the law could be susceptible to higher or lower uniformity. Legislation in the following areas has been found to be ‘highly uniform’: commercial and corporate law, government, and energy and resources. In contrast, legislation concerning child protection, the regulation of road transport and criminal law have the lowest uniformity.

    This study has unique practical and valuable research implications. If a national response in a given area is needed, consensus between the jurisdictions is lacking and uniformity is important, but the area of law has historically had low uniformity, achieving consensus and higher uniformity will require additional effort, resources and time. This may or may not be attainable. The key findings of this study are expected to help policymakers, law reformers and legislative drafters overcome the uncertainty related to developing strategic directions for harmonisation.
    Original languageEnglish
    Pages (from-to)267-312
    Number of pages46
    JournalAdelaide Law Review
    Volume41
    Issue number1
    Publication statusPublished - 19 Aug 2020

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