The (limited) role of regulatory harmonization in international goods and services markets
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With the conclusion of the Uruguay Round and its agreements relating to technical barriers, much attention has been devoted to the possibility of harmonizing international regulatory policies to reduce the impediments to commerce that result from regulatory heterogeneity. This paper argues that, as a normative matter, harmonization is inferior to a legal system that tolerates regulatory differences subject to legal constraints, and that relies on mutual recognition where appropriate (the exception to this claim being matters of technical compatibility between products). Related, as a positive manner, harmonization will often lack any political constituency and thus instances of true harmonization will be rare. To develop these claims, the paper carefully elucidates the unnecessary trade impediments that may result from regulatory heterogeneity, and shows how measures short of harmonization can usually address them adequately.Keywords:
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At the current stage in the process of building a European Contract Law, the harmonization dimension – the scope and reach of the harmonizing effect of the European rules – appears as a crucial issue. We show how the harmonization strategy is as important a question as whether we should have European Contract Law at all. We present in informal terms a simple economic model of how to build optimal harmonized rules and standards in a setting of pre-existing separate and diverse national ones, and we systematically explore how the different harmonization regimes (maximum harmonization, minimum harmonization, and pure co-existence of harmonized and national standards) affect the outcomes of the harmonization process.
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With the conclusion of the Uruguay Round and its agreements relating to technical barriers, much attention has been devoted to the possibility of harmonizing international regulatory policies to reduce the impediments to commerce that result from regulatory heterogeneity. This paper argues that, as a normative matter, harmonization is inferior to a legal system that tolerates regulatory differences subject to legal constraints, and that relies on mutual recognition where appropriate (the exception to this claim being matters of technical compatibility between products). Related, as a positive manner, harmonization will often lack any political constituency and thus instances of true harmonization will be rare. To develop these claims, the paper carefully elucidates the unnecessary trade impediments that may result from regulatory heterogeneity, and shows how measures short of harmonization can usually address them adequately.
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This chapter presents the analytical framework of the book. After offering a basic definition of international harmonization, it surveys its history and gives a hypothetical explanation for the recent surge in harmonization efforts. Harmonization of economic regulation is then distinguished according to regulatory area, level of harmonization, and methods employed. Alternatives to harmonization are discussed as to their merits and demerits compared to harmonization. After enumerating major points of conflict in harmonization negotiations, the analytical tasks of the book are specified as (1) clarifying the causes and backgrounds of harmonization, (2) elucidating the negotiating process of harmonization and (3) assessing the impact of harmonization on domestic laws and global economic governance.
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News Media is an essential role in building the harmonious society with equality and justice.Without harmonization with news media,there is no harmonization with society.During the process of building the social harmonization with equality and justice,harmonization with different developments,harmonization with different notions and harmonization with different interests requires the protection from the right public voices.
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The article starts from the examination of the reasons of the recent trends towards legal integration and gives a brief overview on the system to pursue the objective of legal integration. Then the major form of legal integration in the African continent ‐ the OHADA ‐ is taken into consideration by giving the main features of this legal harmonization process. The article further focuses on the possibility of reaching harmonization of the legal rules on telecommunications in the countries belonging to the OHADA. The paper also presents the reasons in favour of such legal harmonization, the possible obstacles that can be faced, and suggests some hints for the drafting process of the possible future uniform act.
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Abstract This commentary questions Elqayam & Evans' (E&E's) claims that thinking tasks are doomed to have multiple normative readings and that only applied research allows normative evaluations. In fact, some tasks have just one undisputed normative reading, and not only pathological gamblers but also normal individuals sometimes need normative guidance. To conclude, normative evaluations are inevitable in the investigation of human thinking.
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Combining international relations theory and a technical discussion of tobacco taxation, we examine prospects for regional tobacco tax harmonization and how it might heighten the positive effects of taxation for public health. The specific rewards of harmonized tobacco taxation that follow "best practices" might reasonably include increased tax revenue, higher prices for tobacco products and related decreases in tobacco consumption and/or smoking prevalence. Harmonization, however, is often politically and technically challenging as each region has political and economic idiosyncrasies that create multiple, and often conflicting constraints on tax harmonization. For example, governments must overcome different types of collective action problems to agree politically on harmonized policy. Though there is no "one size fits all" approach, we find that setting appropriate and realistic goals and developing reasonable expectations are important for success.
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