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Additional resources for International Perspectives on Consumers' Access to Justice
Elizabeth Thornburg’s essay examines the growth of private dispute resolution mechanisms in the context of Internet commerce and raises concerns about the increasing role that such private mechanisms are playing in the market place. Richard Faulk’s essay considers the abuse of American class actions in international disputes. Thornburg begins by acknowledging that alternative dispute procedures are typically faster and cheaper than court-based resolution. However, she claims that ‘faster is not always better.
He asks ‘what new private law means are to be envisaged when public services are, to an increasing extent, performed on the basis of market rationality’. His analysis begins with the premise that private law has the potential to assist consumers when dealing with privatised service industries. However, he also extends his examination to include other services that fulﬁl the needs of citizens. In this category he includes ﬁnancial services and information society services. He argues that such services are ‘central to the infrastructure of society, and the consumer cannot reasonably be expected to live without them’.
Consumer redress and access to justice 25 of consumer protection in countries of the South and newly emerging economies of Eastern Europe reﬂect this social transformation and recognition of consumer citizenship rights. On the other hand, there is the persistent critique of the concept of the consumer as citizen as an impoverished concept of passive citizenship where freedom is equated with ‘freedom to buy what one wants’. 39 It is associated with an erosion of the social rights of citizenship.