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The 'Transplant Effect' in Harmonization

Lookup NU author(s): Professor TT Thiruvallore Thattai

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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.

Publication metadata

Author(s): Arvind TT

Publication type: Article

Publication status: Published

Journal: International and Comparative Law Quarterly

Year: 2010

Volume: 59

Issue: 1

Pages: 65-88

Print publication date: 27/01/2010

ISSN (print): 0020-5893

ISSN (electronic): 1471-6895

Publisher: Cambridge University Press

URL: http://dx.doi.org/10.1017/S0020589309990017

DOI: 10.1017/S0020589309990017

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