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IMPORTANCE OF HARMONISATION OF LAWS:

As we have discussed above that, harmonisation is a method by which at least two member states of
EU1 alter their laws and legislation to balance the competition in International atmosphere as well as
simplify those regulation across borders. Harmonization is important in light of the fact that an outcome
from changing the laws and legislations technique may introduce an alternate way which might be
worth between member States.

Now it is valuable to talk about why this idea is so significant in our world today. What are the
consequences that harmonisation might served.

(i) International development :

The process of harmonisation is important to ensure the improvement in international aspect.

It could be more specifically termed as “globalization” 2

Some Analyst put their observation in that how "globalization" and "harmonization" fits in together.
Besides, in the view point of harmonisation how "globalization" should be considered. 3

Dean Alfred Aman indicate that "'globalization' refers to complex, dynamic legal and social processes." 4

To Expand more on this idea Professor Jost Delbruck call attention to that globalization "may be defined
as the process of denationalization of markets, laws and politics in the sense of interlacing peoples and
individuals for the sake of the common good."" 5

According to Professor Jost Delbruck, the whole intention of globalization could be consider as “a
normative concept since it is related to a value judgment”6

Harmonization creates the opportunities for globalization which enables individuals or system from
different jurisdiction to collaborate or confer their legislation. This could be termed as interface claim for
harmonisation.7

To assure the enhancement of international trade and commerce, a fruitful structure has to be sought
in current globalized world.8

The interface claim is introduced, either normatively or expressively, as the "globalization of law". 29

It is guaranteed on the grounds that when there are more opportunities for worldwide exchanges,
there the requirement for harmonisation of law will arise. 8

In terms of globalization, by Harmonizing the laws it might be potential to the development of


international relationship between the member states.
Ref: 1. https://www.oxfordreference.com/view/10.1093/oi/authority.20110803095921694

2. Mexican antitrust

3. Mexican antitrust

4. Mexican antitrust

5. Mexican antitrust

6. Mexican antitrust

7. Framework

29. Frame work

8. Impact of europian

8. Frame work

(ii) Reduce costs

Harmonization of laws can avoid the extra cost which may arise over the discussion that, which law may
be apply on which circumstances, how discussions are to be settled with, and how jurisdictional problem
will be dealt with between the parties.9

9. Mexican

(iii) Externalities:

Act imposed by one party may bring the cost to different locales.

Harmonization assure the appearance of externalities.10


That means Harmonization does not allow the offender to commit any offence and hand over the
cost to the victim.

No countries are expected to pay the cost which imposed by the participation of any activities of
other countries.11

Professor Fox point out that "firms or countries may engage in activities that impose costs on others
for which the actor does not have to pay."38

For example : criminal

10. Framework

11.why what

38. Fox supra note mexican

(iv) Simplification:

The process of harmonization carries the significant in terms of simplicity. In this process it becomes
easier to avoid the complexity of law and introduce new method of law.

The method would be an outline of how to more readily deal with troublesome circumstances in the
law and for instance one nation may follow other nations.11

Fox state this as a connection between a “guidance-giver" and a "guidance seeker." 12

That means who provides the direction first can always put an example for others.

11. Mexican

12. Fox supra note


As an essential factor in the shape of modern process, the harmonization of law has been Perceived.13

By the means of Harmonization parties may use a common set of rules14 which will make the legislation
more easier between state members.

Harmonization attempts can be beneficial, even though no agreement is achieved, they will have the
normal benefits that come from a continuous dialog of greater understanding and from eventual
integration of law through a clearer recognition of the costs and benefits of different standards.

The advantages of the process do not generally outweigh its costs.

13. Impact of european comercial law

14. Impact of european law

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