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The Unfair Commercial Practices Directive is the most important
directive in the field of trade practices to have emerged from the
EC but it builds upon European activity which has sought to
regulate trade practices on both a sectoral and horizontal level.
It is an umbrella provision, which uses general clauses to protect
consumers. How effective this approach is and how it relates the
existing acquis are fundamental issues for debate. This work
provides a critical appraisal of the Unfair Commercial Practices
Directive linking discussion of it to general debates about how
fair trading should be regulated. It explains how the Directive
fits into the existing acquis. It also examines national traditions
where these are necessary to explain the European approach, as in
the case of general clauses. The book will be a valuable tool for
any student of consumer law seeking to understand the thinking
behind the directive and how it will affect national laws. It will
also influence policy makers by suggesting how the directive should
be interpreted and what policy lies behind its formulation.
Businesses and their advisers will use the book as a means of
understanding the new regulatory climate post-the directive.
Consumer law and policy continues to be of great concern to both
national and international regulatory bodies, and the second
edition of the Handbook of Research on International Consumer Law
provides an updated international and comparative analysis of the
central legal and policy issues, in both developed and developing
economies. Taking a thematic approach, and yet highlighting issues
in different national contexts, the Handbook explores issues which
are common to all countries, such as social policy and effective
business regulation, and relates consumer law to contemporary
trends in human rights law. Features of this edition: consideration
of the potential for new regulatory complexity as a result of
Brexit? reflections on the growth of middle class consumption in
Asia and Latin America and the impact that this will have on
business reforms? coverage of increasing divergence between the
regulatory models of both the EU and the US? focus on the
challenges and opportunities that the digital age presents for
consumer market regulation? analysis of the significant changes in
consumer credit law and policy since the financial crash of 2008.
This Handbook will provide researchers, students and policymakers
with an insight to the main policy debates in differing national
and sectoral contexts, and provide models of legal regulation which
contribute to the evaluation and development of consumer laws and
policy. Contributors include: I. Benoehr, O. Dixon, C. Hawes, D.R.
Hensler, G. Howells, D. Kingsford Smith, A. MacCulloch, H.-W.
Micklitz, J.P. Nehf, J. Niemi, L. Nottage, D.G. Owen, P. Quirk, S.
Rachagan, I. Ramsay, J.A. Rothchild, P. Rott, R. Schulze, C. Scott,
K. Tokeley, C. Twigg-Flesner, J. Watson, T. Wilhelmsson, C. Willett
Consumer law and policy has emerged in the last half-century as a
major policy concern for all nations. This Handbook of original
contributions provides an international and comparative analysis of
central issues in consumer law and policy in developed and
developing economies.The Handbook encompasses questions of both
social policy and effective business regulation. Many of the issues
are common to all countries and are becoming increasingly
globalised due to the growth in international trade and
technological developments such as the Internet. The authors
provide a broad coverage of both substantive topics and
institutional questions concerning optimal approaches to
enforcement and the role of class actions in consumer policy. It
also includes comparative insights into the influential EU and US
models of consumer law and relates consumer law to contemporary
trends in human rights law. Written by a carefully selected group
of international experts, this text represents an authoritative
resource for understanding contemporary and future developments in
consumer law. This Handbook will provide students, researchers and
policymakers with an insight to the main policy debates in each
context and provide models of legal regulation to assist in the
evaluation of laws and the development of consumer law and policy.
In Rethinking EU Consumer Law, the authors analyse the development
of EU consumer law on the basis of a number of clear themes, which
are then traced through specific areas. Recurring themes include
the artificiality of the EU's consumer image, the problems created
by the drive towards maximum harmonisation, and the unexpected
effects EU Consumer Law has had on national law. The book argues
that EU Consumer Law has the potential of enhancing the protecting
of consumers throughout the EU and could offer a model for consumer
law elsewhere in the world, but in order to unlock this potential,
there needs to be a rethink with regard to the EU's approach to
consumer law and policy.
In Rethinking EU Consumer Law, the authors analyse the development
of EU consumer law on the basis of a number of clear themes, which
are then traced through specific areas. Recurring themes include
the artificiality of the EU's consumer image, the problems created
by the drive towards maximum harmonisation, and the unexpected
effects EU Consumer Law has had on national law. The book argues
that EU Consumer Law has the potential of enhancing the protecting
of consumers throughout the EU and could offer a model for consumer
law elsewhere in the world, but in order to unlock this potential,
there needs to be a rethink with regard to the EU's approach to
consumer law and policy.
Addressing three central questions of legal policy, this is an
interesting and comprehensive analysis of the need to control and
regulate tobacco consumption. The core issues of the book are
litigation vs. regulation with a comparative analysis of the US and
European approaches; the challenge to regulate tobacco as a lawful
product within constitutional limits to promote the reduction of
risks to health and the extent to which consumers should be
entrusted with information to make their own informed choices.
Suggesting dialogue and transparency in policy development, this
book covers advertising, psychology, ethics, economics and health
in addition to the central debate about the litigation and
regulation of tobacco and the role of consumer protection law and
private law.
First published in 2007, The Yearbook of Consumer Law provides a
valuable guide to developments in the consumer law field with a
domestic, regional and international dimension. The volume presents
a range of peer-reviewed scholarly articles, analytical in approach
and focusing on specific areas of consumer law such as sales,
credit and safety, as well as more general issues, such as consumer
law theory. The book also includes a section dedicated to
significant developments during the period covered, such as key
legislative developments or important court decisions. The book
provides an essential resource for all those, academic and
practitioner, working in the areas of consumer law and policy.
For many years, legislators around the world have responded to the
particular needs of consumers by introducing dedicated rules for
consumer sales contracts. In the European Union, a significant push
came through the adoption of the Consumer Sales Directive
(99/44/EC). Elsewhere in the world, legislation focusing on
consumer sales contracts has been introduced, for example in New
Zealand and Australia. This book offers a snapshot of the current
state of consumer sales law in a range of jurisdictions around the
globe. It provides both an overview of the law in selected
jurisdictions and compares the application of these rules in the
context of two case scenarios.
Addressing three central questions of legal policy, this is an
interesting and comprehensive analysis of the need to control and
regulate tobacco consumption. The core issues of the book are
litigation vs. regulation with a comparative analysis of the US and
European approaches; the challenge to regulate tobacco as a lawful
product within constitutional limits to promote the reduction of
risks to health and the extent to which consumers should be
entrusted with information to make their own informed choices.
Suggesting dialogue and transparency in policy development, this
book covers advertising, psychology, ethics, economics and health
in addition to the central debate about the litigation and
regulation of tobacco and the role of consumer protection law and
private law.
First published in 2007, The Yearbook of Consumer Law provides a
valuable guide to developments in the consumer law field with a
domestic, regional and international dimension. The volume presents
a range of peer-reviewed scholarly articles, analytical in approach
and focusing on specific areas of consumer law such as sales,
credit and safety, as well as more general issues, such as consumer
law theory. The book also includes a section dedicated to
significant developments during the period covered, such as key
legislative developments or important court decisions. The book
provides an essential resource for all those, academic and
practitioner, working in the areas of consumer law and policy.
The Yearbook of Consumer Law provides a valuable outlet for high
quality scholarly work which tracks developments in the consumer
law field with a domestic, regional and international dimension.
The 2009 volume presents a range of peer-reviewed scholarly
articles, analytical in approach and focusing on specific areas of
consumer law such as credit, consumer redress and the impact of the
European Union on consumer law. The book also includes a section
dedicated to significant developments during the period covered,
such as key legislative developments and important court decisions.
It is an essential resource for all academics and practitioners
working in the areas of consumer law and policy.
This fully revised and updated second edition of Consumer
Protection Law introduces the reader to the substantive law of
consumer protection in the United Kingdom, the emphasis being on
the place of United Kingdom law within an evolving European legal
system and also on the need to draw upon comparative experience.
The book not only seeks to place consumer protection in its purely
black-letter context but also draws upon wider readings to show
that consumer protection law is a complex area of law which
reflects and shapes the individual citizen's position within the
modern economy.
The Unfair Commercial Practices Directive is the most important
directive in the field of trade practices to have emerged from the
EC but it builds upon European activity which has sought to
regulate trade practices on both a sectoral and horizontal level.
It is an umbrella provision, which uses general clauses to protect
consumers. How effective this approach is and how it relates the
existing acquis are fundamental issues for debate. This work
provides a critical appraisal of the Unfair Commercial Practices
Directive linking discussion of it to general debates about how
fair trading should be regulated. It explains how the Directive
fits into the existing acquis. It also examines national traditions
where these are necessary to explain the European approach, as in
the case of general clauses. The book will be a valuable tool for
any student of consumer law seeking to understand the thinking
behind the directive and how it will affect national laws. It will
also influence policy makers by suggesting how the directive should
be interpreted and what policy lies behind its formulation.
Businesses and their advisers will use the book as a means of
understanding the new regulatory climate post-the directive.
Information requirements have become a key element of consumer
policy at the European level and are also gaining increasing
importance in all other areas of private law. The law stipulates
that information provided should not be misleading and also
involves requirements regarding the fairness and objectivity of
what has been provided. In addition to controlling the veracity of
what is voluntarily offered by traders, the law increasingly
requires disclosure of certain information. This volume focuses
especially on the question of how these information requirements
influence the party autonomy. International contributors explore in
various contexts whether the legislative policy regarding the
information requirements and their relationship to party autonomy
has been properly thought through.
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Consumer Law (Hardcover)
Thomas Wilhelmsson, Geraint Howells
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R20,364
Discovery Miles 203 640
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Ships in 12 - 17 working days
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This research review discusses a compilation of path-breaking and
well-cited literature as well as otherwise original contributions
to the international debate on consumer protection. It focuses in
particular on the role and policy of consumer law as well as on the
approaches and methods of research in this domain. Key papers
regarding the various instruments and issues surrounding consumer
law are explored. The picture that emerges from this title is an
area of law that is profoundly international and multidisciplinary,
this piece of literature extends on this and ties together the
featured papers. This review will be a useful tool for consumer law
researchers and valuable to those engaged by this popular practice
area.
This fully revised and updated second edition of Consumer
Protection Law introduces the reader to the substantive law of
consumer protection in the United Kingdom, the emphasis being on
the place of United Kingdom law within an evolving European legal
system and also on the need to draw upon comparative experience.
The book not only seeks to place consumer protection in its purely
black-letter context but also draws upon wider readings to show
that consumer protection law is a complex area of law which
reflects and shapes the individual citizen's position within the
modern economy.
Information requirements have become a key element of consumer
policy at the European level and are also gaining increasing
importance in all other areas of private law. The law stipulates
that information provided should not be misleading and also
involves requirements regarding the fairness and objectivity of
what has been provided. In addition to controlling the veracity of
what is voluntarily offered by traders, the law increasingly
requires disclosure of certain information. This volume focuses
especially on the question of how these information requirements
influence the party autonomy. International contributors explore in
various contexts whether the legislative policy regarding the
information requirements and their relationship to party autonomy
has been properly thought through.
For many years, legislators around the world have responded to the
particular needs of consumers by introducing dedicated rules for
consumer sales contracts. In the European Union, a significant push
came through the adoption of the Consumer Sales Directive
(99/44/EC). Elsewhere in the world, legislation focusing on
consumer sales contracts has been introduced, for example in New
Zealand and Australia. This book offers a snapshot of the current
state of consumer sales law in a range of jurisdictions around the
globe. It provides both an overview of the law in selected
jurisdictions and compares the application of these rules in the
context of two case scenarios.
Consumer law and policy has emerged in the last half-century as a
major policy concern for all nations. This Handbook of original
contributions provides an international and comparative analysis of
central issues in consumer law and policy in developed and
developing economies.The Handbook encompasses questions of both
social policy and effective business regulation. Many of the issues
are common to all countries and are becoming increasingly
globalised due to the growth in international trade and
technological developments such as the Internet. The authors
provide a broad coverage of both substantive topics and
institutional questions concerning optimal approaches to
enforcement and the role of class actions in consumer policy. It
also includes comparative insights into the influential EU and US
models of consumer law and relates consumer law to contemporary
trends in human rights law. Written by a carefully selected group
of international experts, this text represents an authoritative
resource for understanding contemporary and future developments in
consumer law. This Handbook will provide students, researchers and
policymakers with an insight to the main policy debates in each
context and provide models of legal regulation to assist in the
evaluation of laws and the development of consumer law and policy.
This book looks at the consumer protection offered in a range of
Asian countries, for example China, Japan, and South Korea in key
areas such as consumer sales law, unfair terms, product liability,
and unfair commercial practices. However, it is interesting to note
that consumer protection is on the rise everywhere and to compare
how this differs depending upon the legal cultures. It is also
fascinating to reflect on the influence of models for law reform
such as the EU laws. ASEAN has also affected the development of
consumer policy for its member states. The book takes the form of
national reports which explain the development of the law and also
shed light on how the law works in practice. The book also contains
thematic reports which look at each area of the law from a
comparative perspective. Commentators from around the globe reflect
on their impression of Asian consumer law based on their own
differing legal systems and benchmarks. A must-read for anyone with
an interest in consumer law in Asia and beyond, this book will form
the basis of further research and discussion internationally.
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Consumer Protection in Asia
Geraint Howells, Hans W. Micklitz, Mateja Durovic, André Janssen
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R2,497
Discovery Miles 24 970
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Ships in 10 - 15 working days
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This book looks at the consumer protection offered in a range of
Asian countries, for example China, Japan, and South Korea in key
areas such as consumer sales law, unfair terms, product liability,
and unfair commercial practices. However, it is interesting to note
that consumer protection is on the rise everywhere and to compare
how this differs depending upon the legal cultures. It is also
fascinating to reflect on the influence of models for law reform
such as the EU laws. ASEAN has also affected the development of
consumer policy for its member states. The book takes the form of
national reports which explain the development of the law and also
shed light on how the law works in practice. The book also contains
thematic reports which look at each area of the law from a
comparative perspective. Commentators from around the globe reflect
on their impression of Asian consumer law based on their own
differing legal systems and benchmarks. A must-read for anyone with
an interest in consumer law in Asia and beyond, this book will form
the basis of further research and discussion internationally.
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