International Perspectives On Consumers Access To Justice
International Perspectives On Consumers Access To Justice Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of International Perspectives On Consumers Access To Justice book. This book definitely worth reading, it is an incredibly well-written.
Author : Charles E. F. Rickett,Thomas G. W. Telfer Publisher : Cambridge University Press Page : 444 pages File Size : 40,9 Mb Release : 2003-03-20 Category : Law ISBN : 9781139436823
International Perspectives on Consumers' Access to Justice by Charles E. F. Rickett,Thomas G. W. Telfer Pdf
Consumer protection law in the age of globalisation poses new challenges for policy-makers. This book highlights the difficulties of framing regulatory responses to the problem of consumers' access to justice in the new international economy. The growth of international consumer transactions in the wake of technological change and the globalisation of markets suggests that governments can no longer develop consumer protection law in isolation from the international legal arena. Leading scholars consider the broader theme of access to justice from socio-legal, law and economics perspectives. Topics include standard form contracts, the legal challenges posed by mass infections (such as mad-cow disease and CJD), ombudsman schemes, class actions, alternative dispute resolution, consumer bankruptcy, conflict of laws, and cross-border transactions. This book demonstrates that advancing and achieving access to justice for consumers proves to be a challenging, and sometimes elusive, task.
Vulnerable Consumers and the Law by Christine Riefa,Severine Saintier Pdf
This book charts the difficulties encountered by vulnerable consumers in their access to justice, through the contributions of prominent authors (academic, practitioners and consultants) in the field of consumer law and access to justice. It demonstrates that despite the development of ADR, access to justice is still severely lacking for the vulnerable consumer. The book highlights that a broad understanding of access to justice, which encompasses good regulation and its public enforcement, is an essential ingredient alongside access to the mechanisms of traditional private justice (courts and ADR) to protect the vulnerable consumer. Indeed, many of the difficulties are linked to normative obstacles and lack of access to justice is primarily a vulnerability in itself that can exacerbate existing ones. In addition, because it may contribute to ‘pushing’ already vulnerable consumers into social exclusion it is not simply about economic justice but also about social justice. The book shows that lack of access to justice is not irreversible nor is it necessarily linked to consumer apathy. New technologies could provide solutions. The book concludes with a plea for developing ‘inclusive’ justice systems with more emphasis on public enforcement alongside effective courts systems to offer the vulnerable with adequate means to defend themselves. This book will be suitable for both students and practitioners, and all those with an interest in the justice system.
Internationalization of Consumer Law by Mateja Durovic,Hans W. Micklitz Pdf
This book examines the institutions that are producing consumer law at the international level, the substantive issues enshrined in these laws, and the enforcement mechanisms meant to ensure effective protection. The majority of existing research is devoted to the comparative perspective, between countries or between the US and the EU. This book investigates the forceful activities of international and regional organizations, and shifts the focus of research to the internationalization of consumer law, which is largely neglected in particular in the Western-centered political and legal debate. Much of what constitutes consumer law today is focused on banking and finance, and more broadly the financialization and digitalization of the global economy, and society has created a shift in international consumer law production. This book investigates the role that international organizations have on the creation and enforcement of consumer law, and will be of interest to consumer lawyers, practitioners, and officials in organizations such as the United Nations, European Union, and World Bank.
Handbook of Research on International Consumer Law by Geraint G. Howells,I. Ramsay,Thomas Wilhelmsson Pdf
This is a truly international effort, and one with a strong commitment to human rights by the highly reputable authors coming from different jurisdictions! The many facets of today s consumer law are presented to the reader, including developing countries a fascinating effort in a dynamically emerging field of law! We are comprehensively informed about such bread and butter areas as advertising, unfair terms, consumer guarantees, product safety and liability, consumer credit, and redress. But traditional consumer law concepts and remedies are facing challenges in more complex areas, like services of general internet where consumers and private users should enjoy equal access to universal services , with the internet where speed must not be a pretext to eliminate standards of fair dealing, with risky investment services under the problematic paradigm shift from investor protection to investor confidence . A book to read, to think about, to work with for everybody interested in the future of consumer markets and law in a time of economic crisis! Norbert Reich, University of Bremen, Germany This is a richly interesting collection of essays, written by leading names in the field. It offers a thoroughly reliable survey of key tensions and challenges in modern consumer law and brilliantly combines thematic overview with detailed analysis. It will stimulate comparative thinking, it will provide a source of information and it will be welcomed by consumer law scholars all over the world. Stephen Weatherill, University of Oxford, UK 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.
Around the world, access to justice enjoys an energetic and passionate resurgence as an object both of scholarly inquiry and political contest, as both a social movement and a value commitment motivating study and action. This work evidences a deeper engagement with social theory than past generations of scholarship.
European Consumer Access to Justice Revisited by Stefan Wrbka Pdf
"European Consumer Access to Justice Revisited takes into account both procedural and substantive law questions in order to give the term 'access to justice' an enhanced meaning. Specifically, it analyses developments and recent trends in EU consumer law and aims to evaluate their potential for increasing consumer confidence in the cross-border market. Via a critical assessment of the advantages and disadvantages of the means initiated at the EU level, the author highlights possible detriments to the cross-border business-to-consumer (B2C) market. To remedy this, he introduces an alternative method of creating a legal framework that facilitates B2C transactions in the EU - 'access to justice 2.0'"--
Access to Justice for the Chinese Consumer by Ling Zhou Pdf
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.
Access to Justice for Vulnerable and Energy-Poor Consumers by Naomi Creutzfeldt,Chris Gill,Marine Cornelis,Rachel McPherson Pdf
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).
Public and Private Enforcement of Consumer Law - Insights for Luxembourg by Stephanie Law,Vincent Richard Pdf
The key challenge in the field of consumer protection lies in ensuring that the rights derived from EU consumer law can be effectively enforced in national legal systems, facilitating access to justice and promoting adequate redress. Through a comparative analysis of the legal and policy frameworks of enforcement in six European legal systems, this book examines the most recent developments in EU consumer law, the challenges to which these developments give rise and the scope for reform that they entail; in so doing, the authors critically evaluate the parameters of the public and private institutional framework for the enforcement of consumer law, both at the EU and national levels.
Access to Justice and Legal Aid by Asher Flynn,Jacqueline Hodgson Pdf
This book considers how access to justice is affected by restrictions to legal aid budgets and increasingly prescriptive service guidelines. As common law jurisdictions, England and Wales and Australia, share similar ideals, policies and practices, but they differ in aspects of their legal and political culture, in the nature of the communities they serve and in their approaches to providing access to justice. These jurisdictions thus provide us with different perspectives on what constitutes justice and how we might seek to overcome the burgeoning crisis in unmet legal need. The book fills an important gap in existing scholarship as the first to bring together new empirical and theoretical knowledge examining different responses to legal aid crises both in the domestic and comparative contexts, across criminal, civil and family law. It achieves this by examining the broader social, political, legal, health and welfare impacts of legal aid cuts and prescriptive service guidelines. Across both jurisdictions, this work suggests that it is the most vulnerable groups who lose out in the way the law now operates in the twenty-first century. This book is essential reading for academics, students, practitioners and policymakers interested in criminal and civil justice, access to justice, the provision of legal assistance and legal aid.
Access to Justice in Transnational B2C E-Commerce by Sutatip Yuthayotin Pdf
This book identifies institutional mechanisms that can be used to promote consumer confidence in direct online sales with businesses (B2C e-commerce). It argues that enhancing the access to justice in a multidimensional sense can potentially offer an effective means of boosting consumer confidence. It introduces a conceptual framework for a multidimensional approach to access to justice in the context of consumer protection, describing the various reasonable criteria needed to satisfy consumer demands in B2C e-commerce. The framework, which reflects all essential aspects of consumers’ expectations when they engage in online transactions, provides a benchmark for the evaluation of various consumer protection mechanisms. Based on an analysis of different mechanisms and using the framework’s criteria, the practice of private ordering, which does not rely on the creation of rules of law but rather on the use of technology as a solution, appears to offer a meaningful way to enhance access to justice in B2C e-commerce. However, though private ordering holds considerable potential, certain weaknesses still need to be eliminated. This book demonstrates how private ordering can be successfully implemented with the help of an intermediary, a neutral third party that plays an integral part in the collaborative task of facilitating various aspects of private ordering, thus helping to limit the risks of failure and ensuring a fairer market setting. In order to move forward, it argues that the state, with its wealth of material resources and incentive options, is the institution best suited to acting as an intermediary in facilitating private ordering. This promising proposal can improve consumer protection, which will in turn boost consumer confidence.
Enforcement and Effectiveness of Consumer Law by Hans-W. Micklitz,Geneviève Saumier Pdf
The book focusses on the enforcement of consumer law in order to identify commonalities and best practices across nations. It is composed of twenty-eight contributions from national rapporteurs to the IACL Congress in Montevideo in 2016 and the introductory comparative general report. The national contributors are drawn from across the globe, with representation from Africa (1), Asia (5), Europe (15), Oceania (2) and the Americas (5). The general report proposes a general introduction to the question of enforcement and effectiveness of consumer law. It then proceeds to identify the variety of ways in which national legislatures approach this question and the diversity of mechanisms put in place to address it. The general report uses examples drawn from the reports to illustrate common approaches and to identify more original or distinct unique approaches, taking into account the reported strengths and weaknesses of each. The general report consistently points readers to particular national reports on specific issues, inviting readers to consult these individual contributions for more details. The national contributions deal with the following areas: the national legal framework for consumer protection, the general design of the enforcement mechanism, the number and characteristics of consumer complaints and disputes, the use of courts and specialized agencies for the enforcement of consumer law, the role of consumer organizations and of private regulation in the enforcement of consumer law, the place of collective redress mechanism and of alternative dispute resolution modes, the sanctions for breaches of consumer law and the nature of external relations or cooperation with other countries or international organizations. These enriching national and international perspectives offer a comprehensive overview of the current state of consumer law around the globe.
Author : M. Trebilcock,Anthony Duggan,Lorne Sossin Publisher : University of Toronto Press Page : 577 pages File Size : 41,5 Mb Release : 2012-05-03 Category : Law ISBN : 9781442660618
Middle Income Access to Justice by M. Trebilcock,Anthony Duggan,Lorne Sossin Pdf
Though most conceptions of the rule of law assume equality before the law – and hence equal access to the justice system – this basic right is not being met for many low and middle income Canadians. This book focuses on the problem of civil access to justice for middle income earners – those whose household income is high enough to disqualify them from legal aid but not high enough to cover the costs of litigation. Featuring contributions by leading Canadian and international scholars, practitioners, and members of the judiciary, this multidisciplinary collection draws on scholarship in the fields of law, social science, and public policy. There is a particular emphasis on family law, consumer law, and employment law, as these are the areas where research has indicated that unmet legal needs are highest. Middle Income Access to Justice presents a variety of innovative solutions, from dispute resolution process reforms to the development of non-lawyer forms of assistance and new methods for funding legal expenses. In doing so, it lays the foundation for the development of a much-needed new delivery model to provide early intervention for legal services.
