Ashcroft, Ross --- "Harmonisation of Substantive Legal Principles and Structures: Lessons from Environmental Laws in a Federal Legal System (Australia)" [2012] ELECD 348; in Andenas, Mads; Andersen, Baasch Camilla (eds), "Theory and Practice of Harmonisation" (Edward Elgar Publishing, 2012)

Book Title: Theory and Practice of Harmonisation

Editor(s): Andenas, Mads; Andersen, Baasch Camilla

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781849800013

Section: Chapter 4

Section Title: Harmonisation of Substantive Legal Principles and Structures: Lessons from Environmental Laws in a Federal Legal System (Australia)

Author(s): Ashcroft, Ross

Number of pages: 30

Extract:

4. Harmonisation of substantive legal
principles and structures: lessons from
environmental laws in a federal legal
system (Australia)
Ross Ashcroft1

Throughout history, there have been shifts between a harmonised legal system
and fragmented legal system.2 Cultural wars led to a fragmentation of states,
and thus the complexity of the `law of nations' arose. The notion of sovereignty
by princes, and later governments, took precedence. 3 In recent centuries, and
even more so since the forming of the European Union (and its predecessors),
Europe is once again trying to harmonise the legal systems. However, Europe
is not alone in this quest. Harmonisation of laws, both within and between legal
systems, is a goal of many nations and regions.
Federal states, such as Australia, too have seen the pressing need to harmonise
areas of law. The advantages of harmonisation are obvious ­ decrease the eco-
nomic costs involved in management of resources and it can increase the ease
of trade.4 The advantages of a single system of law have long been recognised


1
BA/LLB (Hons) (Griffith), GDLP (Griffith) MCL (Adelaide/Mannheim), LLM
(Griffith), Grad. Cert. Arts (UNE), Law Lecturer, Charles Darwin University, Australia.
The author would like acknowledge Professors Douglas E. Fisher, Sharon Christensen,
Bill Duncan of Queensland University of Technology and Professor Pamela O'Connor
of Monash University for their helpful comments and Dr Jackie Mapulanga-Hulston of
Queensland University of Technology for editorial comments. The author acknowledges
the financial assistance from the Australian Research Council, DP0771825. All errors
...