kaal:claim:2029983-009

Harmonization invites its own defeat by creating an incentive for rogue jurisdictions to attract, into their legal systems, the private actors who do not agree with the harmonized rule.

Source quote, verbatim

Third, harmonization invites efforts to undermine harmony by "rogue" jurisdictions that seek to benefit by attracting to their legal systems private actors who do not agree with the harmonization.

From

Wulf A. Kaal, Richard W. Painter, Forum Competition and Choice of Law Competition in Securities Law after Morrison v. National Austral (2012), I.A. The Harmonization Alternative, p. 17
https://ssrn.com/abstract=2029983 · source PDF

Cite as

Wulf A. Kaal, Richard W. Painter, Forum Competition and Choice of Law Competition in Securities Law after Morrison v. National Austral (2012). SSRN: https://ssrn.com/abstract=2029983

Holds when

applies even within organized communities of jurisdictions such as the European Union

Classification

failuresupport: arguedfailure: rogue-jurisdiction-defectionfamily: harmonization-and-standardization-failureregulatory-failureinstitutional-design

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