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The 'transplant effect' in harmonisation

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JournalInternational & Comparative Law Quarterly
DatePublished - Jan 2010
Issue number1
Volume59
Number of pages24
Pages (from-to)65-88
Original languageEnglish

Abstract

This article examines the problem of divergent judicial interpretation of harmonized documents. Drawing on the experience of harmonization of the law of arbitration, it points out that divergent interpretation runs much deeper than is commonly assumed, and shows strong similarities to the ‘transplant effect’ discussed in the literature on legal transplants. The article examines why the transplant effect shows up in harmonization, and considers its importance for the eventual success or failure of harmonization projects.

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