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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Consumer law
The production, marketing and exportation of food is particularly
important to the Irish economy. The sector continues to grow and
has played a very significant role in Ireland's financial recovery.
This important new book provides a much needed overview of the
field. It traces the history and development of the fledgling
system of food law as it was in Ireland during colonial times and
the Irish Free State, through to an examination of the current
dynamic relationship between International, European Union and
domestic laws on matters such as food safety, food labelling and
advertising, protected food names, hygiene and food contamination.
The book also contains detailed assessments of the ways in which
the law is used to address current health concerns, such as those
related to nutrition, obesity and alcohol abuse, as well as such
issues as food fraud, animal welfare, organics and the use of
technologies like genetic modification, cloning and nanotechnology
in food production.
This book offers a socio-legal exploration of localised consumer
complaint processing and dispute resolution in the People's
Republic of China - now the second largest consumer market in the
world - and the experiences of both ordinary and 'professional'
consumers. Drawing on detailed analysis of an impressive body of
empirical data, this book highlights local Chinese understandings
and practice styles of 'mediation', and identifies in popular
consciousness a continuing sense of reliance on the government for
securing consumer rights in China. These are not only important
features of consumer dispute processing in themselves, but also
help to to explain why no ombudsman system has emerged. This
innovative book looks at the nature of China's distinctive dispute
resolution and complaints system, issues within that system, and
the experiences of consumers within it. The book illustrates the
access to justice processes locally available to aggrieved
consumers and provides a unique contribution to comparative
consumer law studies in Asia and elsewhere.
This ground-breaking book takes a fresh look at potential
non-litigation solutions to providing personal injury compensation.
It is the first systematic comparative study of such a large number
- over forty - of personal injury compensation schemes. It covers
the drivers for their creation, the frameworks under which they
operate, the criteria and thresholds used, the compensation
offered, the claims process, statistics on throughput and costs,
and analysis of financial costings. It also considers and compares
the successes and failings of these schemes. Many different types
of redress providers are studied. These include the comprehensive
no-blame coverage offered by the New Zealand Accident Compensation
Corporation; the widely used Patient, Pharmaceutical, Motor
Accident and Workers Compensation Insurance systems of the Nordic
states; the far smaller issue-focused schemes like the UK
Thalidomide and vCJD Trusts; vaccine damage schemes that exist in
many countries; as well as motor vehicle schemes from the USA.
Conclusions are drawn about the functions, essential requirements,
architecture, scope, operation and performance of personal injury
compensation systems. The relationships between such schemes, the
courts and regulators are also discussed, and both calls and need
for reforms are noted. Noting the wide calls for reform of NHS
medical negligence litigation within the UK, and its replacement
with a no blame approach, the authors' findings outline options for
future policy in this area. This major contribution builds on
general shifts from courts to ADR, and from blame to no blame in
regulation, and is a work that has the potential to have a major
impact on the field of personal injury redress. With contributions
by Raymond Byrne, Claire Bright, Shuna Mason, Magdalena Tulibacka,
Matti Urho, Mary Walker and Herbert Woopen.
'It's high time we expose and remedy the pseudo-feminist marketing
malarkey holding women back under the guise of empowerment' Amanda
Montell, author of Wordslut ________________ Brands profit by
telling women who they are and how to be. Now they've discovered
feminism and are hell bent on selling 'fempowerment' back to us.
But behind the go-girl slogans and the viral hash-tags has anything
really changed? In Brandsplaining, Jane Cunningham and Philippa
Roberts expose the monumental gap that exists between the women
that appear in the media around us and the women we really are.
Their research reveals how our experiences, wants and needs - in
all forms - are ignored and misrepresented by an industry that
fails to understand us. They propose a radical solution to resolve
this once and for all: an innovative framework for marketing that
is fresh, exciting, and - at last - sexism-free. ________________
'If you think we've moved on from 'Good Girl' to 'Go Girl', think
again!' Professor Gina Rippon, author of The Gendered Brain 'An
outrageously important book. Erudite, funny, and deeply engaging --
with no condescension or bullshit' Dr Aarathi Prasad, author of
Like A Virgin 'This book has the power to change the way we see the
world' Sophie Devonshire, CEO, The Marketing Society and author of
Superfast
This book reviews the techniques, mechanisms and architectures of
the way disputes are processed in England and Wales. Adopting a
comparative approach, it evaluates the current state of the main
different types of dispute resolution systems, including business,
consumer, personal injury, family, property, employment and claims
against the state. It provides a holistic overview of the whole
system and suggests both systemic and detailed reforms. Examining
dispute resolution pathways from users' perspectives, the book
highlights options such as ombudsmen, regulators, tribunals and
courts as well as mediation and other ADR and ODR approaches. It
maps numerous sectoral developments to see if learning might be
spread to other sectors. Several recurrent themes arise, including
the diversification in the use of techniques; adoption of digital,
online and artificial technology; cost and funding constraints; the
emergence of new intermediaries; the need to focus accessibility
arrangements for people and businesses that need help with their
problems; and identifying effective ways for achieving behavioural
change. This timely study analyses the shift from adversarial
legalism to softer means of resolving social problems, and points
to a major opportunity to devise an imaginative and holistic
strategic vision for the jurisdiction.
Debattista on Bills of Lading in Commodity Trade provides not so
much a linear road-map as a GPS system, allowing the reader to
locate which aspect of the bill of lading is central to the dispute
they are dealing with and evaluating that aspect from the
perspective of each of: (1) the contract of sale; (2) carriage
contract and (3) letter of credit. The title examines questions
such as: How can a buyer ensure in their sale contract that the
bill of lading the buyer receives from the seller gives them secure
title to sue the carrier? What impact does the choice of a
particular Incoterms rule have on whom the carrier can sue under
the contract of carriage? Where there is a claim by a
buyer/cargo-claimant for loss, damage or delay to goods, must they
factor any gains or benefits made under the sale contract
claim/settlement into the quantum claimed in the cargo-claim
against the carrier? What is a 'charterparty bill of lading' - and
can it be tendered under a letter of credit? When and why might a
seller need to "switch" bills of lading for its buyer or its bank -
and does the seller have a right to demand the switching of bills
under the Hague-Visby Rules? All of these questions - and many
others like them - cut across areas of law normally siloed in
academic and practitioner texts. The purpose of this title is to
make links and draw out connections, with a view to assisting
lawyers when a dispute arises - and others drafting different
contracts seeking to avoid problems arising in the first place. The
fourth edition of this work, now bearing a new title and
benefitting from the arrival of a co-author, has been fully revised
to take account of case-law and regulatory developments in the
twelve years since the last edition.
Beginning in 2007, U.S. financial conditions deteriorated, leading
to the near collapse of the U.S. financial system in September
2008. Major banks, insurers, government-sponsored enterprises and
investment banks either failed or required hundreds of billions in
federal support to continue functioning. Congress responded to the
crisis by enacting the most comprehensive financial reform
legislation since the 1930s. The Dodd-Frank Act creates a new
regulatory umbrella group with authority to designate certain
financial firms as "systemically significant" and subjecting them
to increased prudential regulation, including limits on leverage,
heightened capital standards and restrictions on certain forms of
risky trading. This book reviews issues related to financial
regulation and provides brief descriptions of major provisions of
the Dodd-Frank Act.
How do ordinary people access justice? This book offers a novel
socio-legal approach to access to justice, alternative dispute
resolution, vulnerability and energy poverty. It poses an access to
justice challenge and rethinks it through a lens that accommodates
all affected people, especially those who are currently falling
through the system. It raises broader questions about alternative
dispute resolution, the need for reform to include more collective
approaches, a stronger recognition of the needs of vulnerable
people, and a stronger emphasis on delivering social justice. The
authors use energy poverty as a site of vulnerability and examine
the barriers to justice facing this excluded group. The book
assembles the findings of an interdisciplinary research project
studying access to justice and its barriers in the UK, Italy,
France, Bulgaria and Spain (Catalonia). In-depth interviews with
regulators, ombuds, energy companies, third-sector organisations
and vulnerable people provide a rich dataset through which to
understand the phenomenon. The book provides theoretical and
empirical insights which shed new light on these issues and sets
out new directions of inquiry for research, policy and practice. It
will be of interest to researchers, students and policymakers
working on access to justice, consumer vulnerability, energy
poverty, and the complex intersection between these fields. The
book includes contributions by Cosmo Graham (UK), Sarah Supino and
Benedetta Voltaggio (Italy), Marine Cornelis (France), Anais Varo
and Enric Bartlett (Catalonia) and Teodora Peneva (Bulgaria).
In this Liber Amicorum, leading experts and old-time friends from
around the world come together to pay tribute to Christopher
Hodges' multifaceted career and work by exploring what can be done
to deliver justice and fairness, focusing on collective redress,
consumer dispute resolution, court system reform, ethical business
regulation and regulatory delivery. After a decade-long career as a
solicitor, Christopher Hodges became Professor of Justice Systems
at the Centre for Socio-Legal Studies at the University of Oxford.
Throughout his academic career he worked on a variety of topics
dealing with access to justice and dispute resolution: from product
liability, procedural/funding systems and collective redress, to
alternative dispute resolution and ethical business regulation. In
2021 Christopher Hodges was awarded an OBE for services to business
and law. His ground-breaking research not only inspired students
and colleagues, but also influenced policymakers worldwide.
Delivering justice, and "making things better", runs like a thread
through his work; the same thread connects the chapters in this
book.
This book proposes a new way of thinking about the controversial
and complex challenges associated with the regulation of high-cost
credit, specifically payday lending. These products have received
significant attention in both the media and political arena. The
inadequacy of regulatory interventions has created ongoing problems
with the provision of high-cost credit, particularly for consumers
with lesser bargaining power and who are already financially
vulnerable. The book tackles two specific gaps in the existing
literature. The first involves inadequate analysis of the relevant
philosophical concepts around high-cost credit, which can result in
an over-simplification of what are particularly complex issues. The
second is a lack of engagement in both the market and lived
experience of borrowers, resulting in limited understanding of
those who use these financial products. The Future of High-Cost
Credit explores the theoretical grounding, policy initiatives and
interdisciplinary perspectives associated with high-cost credit,
making a novel and insightful contribution to the existing
literature. The problems with debt extend far beyond the legal
sphere, and the book will therefore be of interest to many other
academic disciplines, as well as for those working in public policy
and 'the third sector'.
This book advocates a new way of thinking about mortgage contracts.
This claim is based on the assumption that we currently live in a
political economy in which consumer debt fulfils a social function.
In the field of housing this is evidenced by the expansion of
mortgage credit through which consumers are to purchase residential
property as a means of social inclusion and personal welfare. It is
suggested that contract law needs to adjust to this new social
function in order to avoid welfare losses in terms of default,
over-indebtedness, and possibly eviction. To this end, this book
analyses theoretical contract law frameworks and makes concrete
proposals for contract law in the EU legal order.
It has long been thought that fairness in European Consumer Law
would be achieved by relying on information as a remedy and
expecting the average consumer to keep businesses in check by
voting with their feet. This monograph argues that the way consumer
law operates today promises a lot but does not deliver enough. It
struggles to avoid harm being caused to consumers and it struggles
to repair the harm after the event. To achieve fairness, solutions
need to be found elsewhere. Consumer Theories of Harm offers an
alternative model to assess where and how consumer detriment may
occur and solutions to prevent it. It shows that a more confident
use of economic theory will allow practitioners to demonstrate how
a poor standard of professional diligence lies at the heart of
consumer harm. The book provides both theoretical and practical
examples of how to combine existing law with economic theory to
improve case outcomes. The book shows how public enforcers can move
beyond the dominant transparency paradigm to an approach where
firms have a positive duty to treat consumers fairly and shape
their commercial offers in a way that prevents consumers from
making mistakes. Over time, this 'fairness-by-design' approach will
emerge as the only acceptable way to compete.
This book discusses the role of private law as an instrument to
produce financial and social inclusion in a context characterised
by the redefinition of the role of the State and by the
financialisation of society. By depicting the political and
economic developments behind the popular idea of financial
inclusion, the book deconstructs that notion, illustrating the
existence and interaction of different discourses surrounding it.
The book further traces the evolution of inclusion, specifically in
the European context, and thus moves on to analyse the legal rules
which are most relevant for the purposes of bringing about the
financialisation of the citizen. Hence, the author focuses more on
four highly topical areas: access to a bank account, access to
credit, over indebtedness, and financial education. Adopting a
critical and inter-disciplinary approach, The Financialisation of
the Citizen takes the reader through a top-down journey starting
from the political economy of financialisation, to the law and
policy of the European Union, and finally to more specific private
law rules.
The principle of legal certainty is of fundamental importance for
law and society: it has been vital in stabilising normative
expectations and in providing a framework for social interaction,
as well as defining the scope of individual freedom and political
power. Even though it has not always been fully realised, legal
certainty has also functioned as a normative ideal that has
structured legal debates, both at the national and transnational
level. This book presents research from a range of substantive
areas regarding the meaning, possibility and desirability of legal
certainty in the context of a rapidly changing global society. It
aims to address these issues by bringing together scholars from
various jurisdictions in order to examine changes in the shifting
meaning of legal certainty in a comparative and transnational
context. In particular, the book explores some of the tensions that
now exist between the conventional expectation of legal certainty
and the various challenges associated with regulating highly
complex, late modern economies and societies. The book will be of
interest to lawyers concerned with understanding the transformation
of core rule of law values in the context of contemporary social
change, as well as to political scientists and social theorists.
This book examines how regulatory and liability mechanisms have
impacted upon product safety decisions in the pharmaceutical and
medical devices sectors in Europe, the USA and beyond since the
1950s. Thirty-five case studies illustrate the interplay between
the regulatory regimes and litigation. Observations from medical
practice have been the overwhelming means of identifying
post-marketing safety issues. Drug and device safety decisions have
increasingly been taken by public regulators and companies within
the framework of the comprehensive regulatory structure that has
developed since the 1960s. In general, product liability cases have
not identified or defined safety issues, and function merely as
compensation mechanisms. This is unsurprising as the thresholds for
these two systems differ considerably; regulatory action can be
triggered by the possibility that a product might be harmful,
whereas establishing liability in litigation requires proving that
the product was actually harmful. As litigation normally post-dates
regulatory implementation, the 'private enforcement' of public law
has generally not occurred in these sectors. This has profound
implications for the design of sectoral regulatory and liability
regimes, including associated features such as extended liability
law, class actions and contingency fees. This book forms a major
contribution to the academic debate on the comparative utility of
regulatory and liability systems, on public versus private
enforcement, and on mechanisms of behaviour control.
This book provides an accessible introduction to selected new
issues in transnational law, and connects them to existing
theoretical debates on transnational business regulation. More
specifically, (i) it introduces the argument about the evolving
character of contemporary international business regulation; (ii)
it provides an overview of some of the main fields of law that are
currently important for firms that operate across borders; and
(iii) it sets out an interpretive framework for making sense of
disparate developments occurring across a number of jurisdictions,
among which are the form of regulation and style of enforcement,
issues of legal certainty, and behavioural aspects of regulation.
The selected topics are indicative of some key issues confronting
businesses looking to operate across national borders, as well as
policy makers seeking to introduce and enforce meaningful
regulatory standards in an increasingly global society. Topics
include: consumer law; product liability; warranty law and
obsolescence; collective redress; alternative dispute resolution;
corporate wrongdoing; corporate governance; and e-commerce. This
timely work offers a novel perspective on transnational business
law and examines a range of legal issues that preoccupy companies
operating transnationally. This book is intended not only for law
students looking for an introduction, overview or commentary on the
contemporary state of international business law, but also for
anyone looking for an introduction to the regulation of business in
a global, inter-connected economy.
China's food safety system is in crisis. Egregious scandals, as
varied as the sale of liquor laced with Viagra and the distribution
of fake eggs, reveal how regulatory practices have been stretched
to their limit in the world's largest food production system. On
Feeding the Masses focuses on the oft-cited but ultimately
overlooked concept of scale to identify the root causes of China's
regulatory failures in food safety. The 'politics of scale'
framework highlights how regulators disagree on which level of
government is best suited to regulate ('the scale of governance'),
struggle to address multilevel tensions ('multidimensional scale
integration'), and fail to understand how policies at one level of
government can affect other levels of government in unexpected and
costly ways ('scale externalities'). Drawing from over 200
interviews with food safety regulators and producers, the study
provides one of the most comprehensive accounts of China's food
safety crisis to date.
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