This book covers technologies that pose new challenges for consumer policy, creative developments that can help protect consumers economic interests, innovative approaches to addressing perennial consumer concerns, and the challenges entailed by emerging ways of creating and delivering consumer products and services. In addition, it reflects on past successes and failures of consumer law and policy, explores opportunities for moving consumer law in a different direction, and discusses potential threats to consumer welfare, especially in connection with the changing political landscape in many parts of the world. Several chapters examine consumer law in individual countries, while others have an international focus.
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Part I Consumers in a Digital Economy |
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Principles and Programs to Protect Consumers from the Deleterious Effects of Technological Innovation |
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3 | (16) |
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Consumer Protection and Sharing Economy. Preliminary Ideas from the Argentine View |
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19 | (8) |
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Sergio Sebastian Barocelli |
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Freedom of Contract and New Economic Models |
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27 | (8) |
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Consumer Protection in e-Commerce and Online Services |
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35 | (4) |
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Consumers Users, by Definition, Include Us All---The Problems and Consequences of a New Approach to Consumer Protection in the Digital Era |
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39 | (8) |
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Digital Platformers' Responsibilities to Platform Users; `Consumer Protection' in B2C and C2C e-Commerce |
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47 | (6) |
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Towards Tourists Protection in the Digital Age |
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53 | (14) |
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Goods with Embedded Software: Consumer Protection 2.0 in Times of Digital Content? |
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67 | (44) |
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The Challenges of Smart Insurance Contracts to Consumers: Based on the Chinese Law |
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111 | (16) |
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Consumer Law Facing the Advent of the Child E-Consumer |
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127 | (14) |
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Juridical Validity of (The) Artificial Intelligence in the Theory of Preventive Consumer Law in Digital Advertising |
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141 | (12) |
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Camilo Alfonso Escobar Mora |
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Part II Innovations in Access to Justice |
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A Possible Future Convention on Cooperation and Access to Justice for International Tourists at the Hague Conference: Note on the Final Report and First Expert Group Meeting |
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153 | (24) |
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Consumer Protection in Electronic Commerce and Online Dispute Resolution Through Mediation |
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177 | (14) |
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Jurisdiction and Choice of Law in Foreign-Related Tourist-Consumer Disputes in China Under the One Belt One Road Initiative---Based on Case Analysis in the Chinese Judiciary |
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191 | (36) |
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Austerity and Access to Justice: Exploring the Role of Clinical Legal Education in Cambridge |
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227 | (16) |
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Role of Mandatory Arbitration in Monetary Claims Against Consumers Under Turkish Law |
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243 | (14) |
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Experimental Challenge for Collective Consumer Redress in Korea |
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257 | (14) |
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The Role of ADR in the Materialisation of Consumer Access to Justice |
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271 | (14) |
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The National Consumer Defense System and the Consumidor.gov.br Platform: From Conflict to Consensus |
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285 | (14) |
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European Air Passengers' Rights: The Concept Of Extraordinary Circumstances' and the Enforcement of the Right to Compensation |
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299 | (4) |
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Marianne Hundahl Frandsen |
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Specialized Courts and Consumer's Defense: The Overindebtedness Case |
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303 | (10) |
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Karen R. Danilevicz Bertoncello |
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Toward Regulatory Mass Redress Schemes---Mass Redress in Financial Mis-selling Scandals in the U.S., the U.K. and South Korea |
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313 | (26) |
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Macao's Experience in Building Cross-Border Tourists Consumers Dispute-Solving System |
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339 | (16) |
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Part III The Transformation of Consumer Laws |
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The Need for a Transnational Coordination Mechanism for Complaints of International Tourists |
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355 | (14) |
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The Supply of Products and Services to LGBTI Consumers Under the Social Function of the Contract |
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369 | (12) |
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Consumer Protection in the Case of Public Service Provision: Innovations in Brazil |
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381 | (10) |
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Carlos Eduardo Dieder Reverbel |
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Developing Micro, Small and Medium Enterprises in Nigeria Through Standardisation |
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391 | (22) |
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The Role of International Consumer Policy in Fostering Innovation and Empowering Consumers to Make Informed Choices |
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413 | (30) |
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Consumer Law in Senegal and What Potential Threats to the Welfare of Consumers in the Ecowas Region |
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443 | (10) |
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Luis Alexandre Winter Carta |
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A Behavioral Economic Analysis of Consumer Withdrawal Rights in the USA, EU, and Japan |
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453 | (10) |
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The Spectacle of Life in Assisted Human Reproduction: A Short Essay |
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463 | |
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Dan Wei is Full Professor and Associate Dean of the Faculty of Law of the University of Macau. She is a member of the Economic Development Council of the Macau Special Administrative Region Government and Invited Expert of Ascertainment of Foreign Law of the Center for Ascertainment of Foreign Law of the Supreme Peoples Court of Republic of China. She is Vice-President and Titular Member of the International Academy of Comparative Law (IACL), Arbitrator and Mediator of China International Economic and Trade Arbitration Commission (CIETAC), the General Rapporteur of the Committee of International Protection of Consumers of International Law Association (ILA), and a board member of International Association of Consumer Law. In China, she is council member of WTO Research Society of China Law Society, council member of Consumer Protection Research of China Law Society, and council member of Legal Periodicals of China Law Society. She is the Series Editor of Laws of Emerging Countries of the Springer. She has authored more than one hundred pieces of different kinds of academic publications on International Trade and Investment Law, Competition Law, Commercial Law, Arbitration, Consumer Law, and Labor Law. Professor Dan Wei is also an expert of China Portuguese Speaking Countries relations (in particular, Brazil-China and Portugal-China). She is the General Director of Macao Association for Brazilian Studies and Co-Editor-in-Chief of Macau Journal of Brazilian Studies. James P. Nehf has been teaching contracts, consumer law, and commercial law subjects for more than twenty years. He is an internationally recognized expert in consumer privacy and financial services law and serves as an executive board member of the International Consumer Law Association, a global society of consumer law scholars and policymakers. He has won numerous teaching awards and has been a frequent speaker at law conferences, CLE seminars, and law-related lecture series. Professor Nehf was the Inaugural Director of the law schools European Law Program and has held several university administrative positions, including a term as Associate Dean for Graduate Studies at the law school and as Interim Director of the Indiana University Center on Southeast Asia. Professor Nehfs publications include several chapters in a leading commercial law treatise, Secured Transactions Under the Uniform Commercial Code (where he now serves as principal author and editor), an updated and revised edition of Corbin on ContractsThe Impossibility Doctrine, a book on privacy law, Open Book: The Failed Promise of Information Privacy in America, and numerous other book chapters and articles on commercial law, consumer finance, privacy law, low-income consumer transactions, and international/comparative law subjects. He currently serves on the editorial board for the Markets and Law Series at Ashgate Publishing. Professor Nehf graduated first in his law school class, served as Editor-in-Chief of the North Carolina Law Review, and was elected to Order of the Coif. After law school, he worked as a law clerk for the Honorable Phyllis A. Kravitch of the United States Court of Appeals for the Eleventh Circuit and entered private practice with O'Melveny & Myers in Washington, D.C. Before joining the faculty in 1989, he was a partner in the Washington firm of Choate, Filler, & Nehf, specializing in commercial and consumer litigation. Professor Nehf has also taught as a Visiting Professor at Wake Forest University, Mercer University, and the University of Georgia. Claudia Lima Marques is an expert in the fields of Consumer Law, Private Law, and both Private and Public International Law. Having earned her Bachelor of Law at the Federal University of Rio Grande do Sul, she went on to study a Masters of Law at the University of Tübingen and a Ph.D. summa cum laude at the University of Heidelberg. Currently, Titular Professorand Coordinator of the postgraduate Law Program of the Law School of UFRGS, Claudia holds a number of positions on national and international legal and consumer protection bodies. She has written and lectured extensively on private law, on conflicts of laws, over-indebtedness, and consumer law issues and has published articles in Brazil, Argentina, Paraguay, Germany, Switzerland, Spain, UK, and USA. Recently, she received two degrees of Doutor Honoris Causa from the Universidade Justus Liebig de Giessen of Germany and from Universidade de Savoie Mont Blanc (USMB) of France.