Download International Perspectives on Consumers' Access to Justice by Charles E. F. Rickett, Thomas G. W. Telfer PDF

By Charles E. F. Rickett, Thomas G. W. Telfer

Customer security legislation within the age of globalization poses new demanding situations for coverage makers. This booklet presents a world point of view on purchaser legislations and the problems encountered via shoppers looking for functional treatments and options for faulty services and products. major students define the major difficulties confronted by way of legislators in numerous international locations trying to adapt buyer legislation to the worldwide industry. subject matters contain average shape contracts; the felony demanding situations posed via mass an infection (such as mad-cow sickness and CJD); shoppers and companies; buyer financial disaster legislation; and cross-border transactions.

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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.

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