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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.
First published in 1999, this book focuses on the new role of
private law in late modernity. It analyses the pressures for
changes in this area of law due to the present processes of
privatisation and marketisation. The perspective is welfarist: in
what ways and to what extent can the welfare state expectations of
the citizens be defended through private law mechanisms when
state-offered security is diminishing? Which alternatives are
available when developing private law? The questions are discussed
against the background of theories concerning important features of
late modern society, for example consumerism, risk, information,
globalisation and fragmentation. Several fields of private law are
analysed, such as private law theory, tort and liability law,
contract law and credit law as well as access to justice issues.
The approach is comparative, including analyses of both common law
and continental law.
First published in 1999, this book focuses on the new role of
private law in late modernity. It analyses the pressures for
changes in this area of law due to the present processes of
privatisation and marketisation. The perspective is welfarist: in
what ways and to what extent can the welfare state expectations of
the citizens be defended through private law mechanisms when
state-offered security is diminishing? Which alternatives are
available when developing private law? The questions are discussed
against the background of theories concerning important features of
late modern society, for example consumerism, risk, information,
globalisation and fragmentation. Several fields of private law are
analysed, such as private law theory, tort and liability law,
contract law and credit law as well as access to justice issues.
The approach is comparative, including analyses of both common law
and continental law.
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.
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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.
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.
The continuing headlong increase in cross-border legal issues of
all kinds raises a host of new issues for private law even as it
reconfigures the old issues, both in theory and in practice. In an
effort to identify trends and consolidate what we've learned in
this important area, outstanding legal scholars from nine European
countries (plus Australia) convened at the University of Helsinki
in August 2006. This volume reproduces, in definitive English
texts, twenty-two of the papers presented at that conference.
The issues addressed cluster around four basic questions:
- To what extent does the multiculturalism of the European Union
hamper the development of common private law rules?
- Which rules that are specific for a particular
state/region/culture need to be preserved?
- To what extent can localism be met with variations in the
application of common provisions?
- What problems for the common rules are posed by the fact that
they are to be implemented in a multilingual society?
While overarching concerns such as social justice, harmonization,
culture, and diversity pervade all the essays, such crucial
practical considerations as legal translation and regulation of
advertising are not neglected.
This work looks at the consequences of the development of
information technology and the information society for consumers
and for consumer law. While the new technological environment has
been greeted with enthusiasm by many, citing the improvement in
consumer choice, convenience, and the accessibility of information,
there have also been calls to focus on the needs of those consumers
who cannot easily gain access to the benefits associated with the
new technology. This collection of papers examines developments in
consumer protection legislation around the world in response to the
technological advances, and focuses on issues such as electronic
marketing, electronic commerce, financial services, product
liability, intellectual property and rights of access to
information. Issues such as how and to what extent the new
environment should be regulated, as well as the impact of changes
in the globalized information market, are also discussed. This
volume arose from the 7th International Consumer Law Conference,
held in Helsinki in 1999 under the auspices of the International
Association for Consumer Law.
This book will describe the development of European Community
consumer law and seek to determine to what extent action by the
European Community has promoted the interest of consumer
protection. In doing so it will consider important areas relating
to protection of the consumers economic interests and physical
safety, as well as questions of access to justice. In addition to
assessing the success of community consumer policy the authors will
also put forward suggestions for ways in which consumer protection
can be enhanced at the community level.
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