Consumer Protection in Asia, Andre Janssen, Geraint Howells, Hans-W Micklitz, Mateja Durovic

Автор: Marcelo Corrales Compagnucci, Mark Fenwick, Stefan
Название: Smart Contracts: Technological, Business and Legal Perspectives
ISBN: 1509948252 ISBN-13(EAN): 9781509948253
Издательство: Bloomsbury Academic
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Цена: 45400.00 T
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Описание: This book brings together a series of contributions by leading scholars and practitioners to examine the main features of smart contracts, as well as the response of key stakeholders in technology, business, government and the law. It explores how this new technology interfaces with the goals and content of contract law, introducing and evaluating several mechanisms to improve the 'observability' and reduce the costs of verifying contractual obligations and performance. It also outlines various 'design patterns' that ensure that end users are protected from themselves, prevent cognitive accidents, and translate expectations and values into more user-oriented agreements.

Furthermore, the chapters map the new risks associated with smart contracts, particularly for consumers, and consider how they might be alleviated. The book also discusses the challenge of integrating data protection and privacy concerns into the design of these agreements and the broad range of legal knowledge and skills required. The case for using smart contracts goes beyond 'contracts' narrowly defined, and they are increasingly used to disrupt traditional models of business organisation.

The book discusses so-called decentralised autonomous organisations and decentralised finance as illustrations of this trend. This book is designed for those interested in looking to deepen their understanding of this game-changing new legal technology.

Автор: Caoimh?n MacMaol?in
Название: Irish Food Law
ISBN: 1509907793 ISBN-13(EAN): 9781509907793
Издательство: Bloomsbury Academic
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Цена: 84480.00 T
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Описание: The production, marketing and exportation of food is particularly important to the Irish economy. The sector continues to grow and has played a very significant role in Ireland’s financial recovery. This important new book provides a much needed overview of the field. It traces the history and development of the fledgling system of food law as it was in Ireland during colonial times and the Irish Free State, through to an examination of the current dynamic relationship between International, European Union and domestic laws on matters such as food safety, food labelling and advertising, protected food names, hygiene and food contamination. The book also contains detailed assessments of the ways in which the law is used to address current health concerns, such as those related to nutrition, obesity and alcohol abuse, as well as such issues as food fraud, animal welfare, organics and the use of technologies like genetic modification, cloning and nanotechnology in food production.

Автор: Hans-W Micklitz
Название: The Making of Consumer Law and Policy in Europe
ISBN: 1509944877 ISBN-13(EAN): 9781509944873
Издательство: Bloomsbury Academic
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Цена: 47510.00 T
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Описание: This book analyses the founding years of consumer law and consumer policy in Europe. It combines two dimensions: the making of national consumer law and the making of European consumer law, and how both are intertwined. The chapters on Germany, Italy, the Nordic countries and the United Kingdom serve to explain the economic and the political background which led to different legal and policy approaches in the then old Member States from the 1960s onwards. The chapter on Poland adds a different layer, the one of a former socialist country with its own consumer law and how joining the EU affected consumer law at the national level. The making of European consumer law started in the 1970s rather cautiously, but gradually the European Commission took an ever stronger position in promoting not only European consumer law but also in supporting the building of the European Consumer Organisation (BEUC), the umbrella organisation of the national consumer bodies. The book unites the early protagonists who were involved in the making of consumer law in Europe: Guido Alpa, Ludwig Kramer, Ewa Letowska, Hans-W Micklitz, Klaus Tonner, Iain Ramsay, and Thomas Wilhelmsson, supported by the younger generation Aneta Wiewiorowska Domagalska, Mateusz Grochowski, and Koen Docter, who reconstructs the history of BEUC. Niklas Olsen and Thomas Roethe analyse the construction of this policy field from a historical and sociological perspective.This book offers a unique opportunity to understand a legal and political field, that of consumer law and policy, which plays a fundamental role in our contemporary societies.

Автор: Christopher Hodges
Название: Delivering Dispute Resolution: A Holistic Review of Models in England and Wales
ISBN: 150991689X ISBN-13(EAN): 9781509916894
Издательство: Bloomsbury Academic
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Цена: 105600.00 T
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Описание: This book reviews the techniques, mechanisms and architectures of the way disputes are processed in England and Wales. Adopting a comparative approach, it evaluates the current state of the main different types of dispute resolution systems, including business, consumer, personal injury, family, property, employment and claims against the state. It provides a holistic overview of the whole system and suggests both systemic and detailed reforms.

Examining dispute resolution pathways from users' perspectives, the book highlights options such as ombudsmen, regulators, tribunals and courts as well as mediation and other ADR and ODR approaches. It maps numerous sectoral developments to see if learning might be spread to other sectors.

Several recurrent themes arise, including the diversification in the use of techniques; adoption of digital, online and artificial technology; cost and funding constraints; the emergence of new intermediaries; the need to focus accessibility arrangements for people and businesses that need help with their problems; and identifying effective ways for achieving behavioural change.

This timely study analyses the shift from adversarial legalism to softer means of resolving social problems, and points to a major opportunity to devise an imaginative and holistic strategic vision for the jurisdiction.

Автор: Guido Comparato
Название: The Financialisation of the Citizen: Social and Financial Inclusion through European Private Law
ISBN: 1509943781 ISBN-13(EAN): 9781509943784
Издательство: Bloomsbury Academic
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Цена: 44340.00 T
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Описание: This book discusses the role of private law as an instrument to produce financial and social inclusion in a context characterised by the redefinition of the role of the State and by the financialisation of society. By depicting the political and economic developments behind the popular idea of financial inclusion, the book deconstructs that notion, illustrating the existence and interaction of different discourses surrounding it. The book further traces the evolution of inclusion, specifically in the European context, and thus moves on to analyse the legal rules which are most relevant for the purposes of bringing about the financialisation of the citizen. Hence, the author focuses more on four highly topical areas: access to a bank account, access to credit, over indebtedness, and financial education. Adopting a critical and inter-disciplinary approach, The Financialisation of the Citizen takes the reader through a top-down journey starting from the political economy of financialisation, to the law and policy of the European Union, and finally to more specific private law rules.

Автор: Feijen Liv
Название: Evolution of humanitarian protection in european law and practice
ISBN: 1108483488 ISBN-13(EAN): 9781108483483
Издательство: Cambridge Academ
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Цена: 105600.00 T
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Описание: What role do humanitarian considerations play in immigration control? Can it be argued that certain categories of non-nationals who are particularly vulnerable have a right to stay in a country because of their vulnerabilities? Is it an act of charity or an obligation of states not to return them?

Автор: Ling Zhou
Название: Access to Justice for the Chinese Consumer: Handling Consumer Disputes in Contemporary China
ISBN: 1509931058 ISBN-13(EAN): 9781509931057
Издательство: Bloomsbury Academic
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Цена: 73920.00 T
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Описание: 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.

Автор: Christian Twigg-Flesner, Hans-W Micklitz
Название: Transformation of Consumer Law and Policy in Europe
ISBN: 1509963022 ISBN-13(EAN): 9781509963027
Издательство: Bloomsbury Academic
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Цена: 105600.00 T
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Описание: This book analyses the transformation of consumer law and policy in Europe from 4 perspectives: first, the temporal transformation, i.e., changes that can be tracked from the turn of the millennium; secondly, the substantive dimension, i.e., changes in the scope of the rights and remedies provided by consumer law, as well as the underpinning values; thirdly, the institutional dimension, i.e., changes in the role of national courts, national Parliaments, consumer agencies, and consumer organisations; and fourth, the procedural element, i.e., the shift from individual enforcement via courts to enforcement by public regulators, consumer associations, alternative dispute resolution, and the development of collective enforcement exercised by consumer agencies and/or consumer organisations.With contributions by leading consumer law scholars from across Europe, this book is a fascinating account of how consumer law has often been shaped by national as much as European interests.

Автор: Burkhard Hess, Lorenz Kodderitzsch, Magdalena Tulibacka, Stefaan Voet, Xandra Kramer
Название: Delivering Justice: A Holistic and Multidisciplinary Approach
ISBN: 1509961585 ISBN-13(EAN): 9781509961580
Издательство: Bloomsbury Academic
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Цена: 52790.00 T
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Описание: In this Liber Amicorum, leading experts and old-time friends from around the world come together to pay tribute to Christopher Hodges’ multifaceted career and work by exploring what can be done to deliver justice and fairness, focusing on collective redress, consumer dispute resolution, court system reform, ethical business regulation and regulatory delivery.After a decade-long career as a solicitor, Christopher Hodges became Professor of Justice Systems at the Centre for Socio-Legal Studies at the University of Oxford. Throughout his academic career he worked on a variety of topics dealing with access to justice and dispute resolution: from product liability, procedural/funding systems and collective redress, to alternative dispute resolution and ethical business regulation. In 2021 Christopher Hodges was awarded an OBE for services to business and law. His ground-breaking research not only inspired students and colleagues, but also influenced policymakers worldwide.Delivering justice, and “making things better”, runs like a thread through his work; the same thread connects the chapters in this book.

Автор: Irina Domurath
Название: Consumer Vulnerability and Welfare in Mortgage Contracts
ISBN: 1509936939 ISBN-13(EAN): 9781509936939
Издательство: Bloomsbury Academic
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Цена: 36950.00 T
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Описание: This book advocates a new way of thinking about mortgage contracts. This claim is based on the assumption that we currently live in a political economy in which consumer debt fulfils a social function. In the field of housing this is evidenced by the expansion of mortgage credit through which consumers are to purchase residential property as a means of social inclusion and personal welfare. It is suggested that contract law needs to adjust to this new social function in order to avoid welfare losses in terms of default, over-indebtedness, and possibly eviction. To this end, this book analyses theoretical contract law frameworks and makes concrete proposals for contract law in the EU legal order.

Автор: Jodi Gardner
Название: Future of High-Cost Credit: Rethinking Payday Lending
ISBN: 1509961429 ISBN-13(EAN): 9781509961429
Издательство: Bloomsbury Academic
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Цена: 45400.00 T
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Описание: This book proposes a new way of thinking about the controversial and complex challenges associated with the regulation of high-cost credit, specifically payday lending. These products have received significant attention in both the media and political arena. The inadequacy of regulatory interventions has created ongoing problems with the provision of high-cost credit, particularly for consumers with lesser bargaining power and who are already financially vulnerable. The book tackles two specific gaps in the existing literature. The first involves inadequate analysis of the relevant philosophical concepts around high-cost credit, which can result in an over-simplification of what are particularly complex issues. The second is a lack of engagement in both the market and lived experience of borrowers, resulting in limited understanding of those who use these financial products.The Future of High-Cost Credit explores the theoretical grounding, policy initiatives and interdisciplinary perspectives associated with high-cost credit, making a novel and insightful contribution to the existing literature. The problems with debt extend far beyond the legal sphere, and the book will therefore be of interest to many other academic disciplines, as well as for those working in public policy and ‘the third sector’.

Автор: Caoimh?n MacMaol?in
Название: Food Law: European, Domestic and International Frameworks
ISBN: 184946670X ISBN-13(EAN): 9781849466707
Издательство: Bloomsbury Academic
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Цена: 52790.00 T
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Описание: This book provides a broad conspectus on the application of EU and international regulation of the food sector on English law. It is aimed at practitioners and students of this vital and emerging branch of law, which has become an important part of current political and legal debate. It is written not just for lawyers as a statement of current law, but is also aimed at all those involved or interested in the food industry who wish to familiarise themselves with how the law is applied practically in this jurisdiction. The book commences with a short conceptual framework for the study of food law. It then provides a comprehensive and up-to-date account of current English law, explaining fully the detailed processes by which both international and national law and EU decision making have impacted upon most aspects of the production, sale and consumption of food in England. The book explains and assesses the operation of the current law by describing in detail the roles of Government, the Food Standards Agency and local enforcement authorities in the making and enforcing of laws concerning food. The work contains full outlines of the developments in the most significant areas of food law. It concentrates specifically on topics such as food labelling and advertising, quality and compositional requirements, geographical food names, genetic modification, organic production, animal welfare and also the role of law in tackling poor health, obesity, and diet-related disease. The book, though primarily designed as a law text, goes beyond the usual confines of such works. It sets out to explain and describe the impact of successive food crises, such as BSE and the use of horsemeat in beef products, on food safety and transparency requirements. The book considers and assesses how the existing rules on the chemical and biological safety of food impact on our law, and concludes with a review of the developing legal issues concerning the environmental impacts of current and proposed food law, in particular the relationship between food law, climate change and food security.