Consumer protection law Books

Book SynopsisA fascinating book about how platform internet companies (Amazon, Facebook, and so on) are changing the norms of economic competition.Fast CompanyShoppers with a bargain-hunting impulse and internet access can find a universe of products at their fingertips. But is there a dark side to internet commerce? This thought-provoking exposé invites us to explore how sophisticated algorithms and data-crunching are changing the nature of market competition, and not always for the better. Introducing into the policy lexicon terms such as algorithmic collusion, behavioral discrimination, and super-platforms, Ariel Ezrachi and Maurice E. Stucke explore the resulting impact on competition, our democratic ideals, our wallets, and our well-being. We owe the authors our deep gratitude for anticipating and explaining the consequences of living in a world in which black boxes collude and leave no trails behind. They make it clear that in a world of big data and algorithmic pricing, consumers are outgunned and antitrust laws are outdated, especially in the United States.ScienceA convincing argument that there can be a darker side to the growth of digital commerce. The replacement of the invisible hand of competition by the digitized hand of internet commerce can give rise to anticompetitive behavior that the competition authorities are ill equipped to deal with.Burton G. Malkiel, Wall Street JournalA convincing case for the need to rethink competition law to cope with algorithmic capitalism's potential for malfeasance.John Naughton, The ObserverTrade Review[Ezrachi and Stucke] make a convincing argument that there can be a darker side to the growth of digital commerce. The replacement of the invisible hand of competition by the digitized hand of internet commerce can give rise to anticompetitive behavior that the competition authorities are ill equipped to deal with…Virtual Competition displays a deep understanding of the internet world and is outstandingly researched. -- Burton G. Malkiel * Wall Street Journal *Traditional competition law is about firms and their activities. The great insight underpinning Ezrachi’s and Stucke’s book is that, in a digital world, competition law will be mostly about algorithms and big data because these are the forces that now determine what happens in online marketplaces. The book focuses on three particular areas in which anticompetitive and manipulative behavior is possible and, in some cases, already evident… Ezrachi and Stucke dig deep into the ways in which algorithmic and big-data analytics combine to produce behaviors and outcomes that are—or could be—troubling for society. They then go on to discuss the extent to which existing competition law and legal precedents may—or may not—be able to address abuses… Ezrachi and Stucke have made a convincing case for the need to rethink competition law to cope with algorithmic capitalism’s potential for malfeasance. -- John Naughton * The Observer *We owe the authors our deep gratitude for anticipating and explaining the consequences of living in a world in which black boxes collude and leave no trails behind. They make it clear that in a world of big data and algorithmic pricing, consumers are outgunned and antitrust laws are outdated, especially in the United States…We can hope the ideas discussed in Virtual Competition get on the political agenda. -- Barry Nalebuff * Science *A fascinating book about how platform internet companies (Amazon, Facebook, and so on) are changing the norms of economic competition. Virtual Competition: The Promise and Perils of the Algorithm-Driven Economy argues that these companies, with their immense data advantage, are effectively making their own rules in the marketplace, beating back new market entrants, and disadvantaging customers. -- Ben Schiller * Fast Company *From price-comparison algorithms to phone operating systems, technology has altered competitive commerce. Lawyers Ariel Ezrachi and Maurice E. Stucke question the democratic consequences of this dual-edged power. * Nature *This highly readable and authoritative account sets out the ways that platforms have replaced the invisible hand with a digitized one—a hand that is human-engineered, subject to corporate control and manipulation, and prone to charges of unlawfulness…It is becoming increasingly apparent that widespread deployment of algorithmic tools can intensify, rather than reduce, the chasm between the wealthy and the vulnerable. This is the issue Ezrachi and Stucke address as behavioral discrimination…Overall, they argue, this is corrosive to social welfare, because the more vulnerable among us end up paying more. The authors’ assessment of where this is heading is of the most sober kind: absent legal intervention, perfect discrimination will likely become the new norm. -- Julia Powles * Times Higher Education *This is a groundbreaking, critical work—a major contribution to the field of competition law. -- Frank Pasquale, author of The Black Box SocietyEzrachi and Stucke provide a compelling analysis challenging the orthodoxy that modern technology empowers consumers. Their findings will send a shiver down the spine of consumers, businesses, public policy makers and anyone working in the competition field. Virtual Competition is a fast-paced, mind-boggling thriller that you can’t put down; a thriller in which we are all set to be the victim. -- Alan Giles, Saïd Business School, University of OxfordVirtual Competition provides an intriguing and provocative look at the potential dark side of big data and big analytics. The debate over digital competition is just beginning, and Ezrachi and Stucke have laid down a marker that is likely to capture wide attention. -- Jonathan Levin, Stanford Graduate School of BusinessEzrachi and Stucke’s insights into data-driven opportunities, collusion scenarios, discrimination, and ‘frenemies’ will help authorities distinguish between true efficiencies and anti-competitive problems, and ensure that most enforcement at least keeps up with technological developments. Forward-thinking competition authorities can use these insights proactively to help craft government policies that ensure that innovation and competition are real, while problems are addressed quickly and thus—hopefully—remain virtual. -- Philip Marsden, Inquiry Chair, Competition and Markets AuthorityA thought-provoking, clearly written examination of the coming effects on markets and competition of computer algorithms, big data, big analytics, and ‘super-platforms,’ drawing on real-life examples, on neoclassical and behavioral economics, and on the authors’ deep understanding of U.S. and EU competition law. -- Harry First, New York University School of LawEqual measures computer science, law, economics, and behavioral science, this book will appeal to all four groups and introduce the concepts in a very enjoyable way. Whether people shop online, on their phones, or in stores, companies track them. What they buy, where they shop, when they shop, and how they shop can all be analyzed by retailers, who can then offer different products, coupons, and discounts. Retailers not only collect and analyze this data but also sell the data and analysis to other companies, sometimes including their competitors. This book delves into the privacy and regulatory complications of this data and analysis. Though readers may be taken aback by just how much information is collected about their shopping habits, this book describes in detail how retailers and marketers use ambivalence to privacy to market products and services at prices consumers are willing to pay. -- J. M. Keller-Aschenbach * Choice *

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Book SynopsisBoilerplate - the fine-print terms and conditions that we become subject to when we click "I agree" online or enter an employment contract - pervades all aspects of our modern lives. The author argues that our courts, legislatures, and regulatory agencies have fallen short in their evaluation and oversight of the use of boilerplate clauses.Trade ReviewWinner of the 2014 Scribes Book Award, The American Society of Legal Writers "[Radin] has given us a sophisticated and thought-provoking treatment of the boilerplate contracts that everyone signs yet few read or understand."--Robert F. Nagel, Wall Street Journal "Radin makes a compelling case that boilerplate constitutes a clear and present danger to our core values. The practical remedies she suggests ought to command the attention of anyone concerned about the imposition of non-negotiable terms on American consumers."--Glenn C. Altschuler, Huffington Post "Boilerplate is exemplary scholarship: lucid, jargon-free, and focused on solving problems as well as identifying them. It's a model of the 'process,' inside-the-system track for social change."--Michael Stern, American Lawyer "Boilerplate is a book from which all readers could benefit, whether or not they ultimately agree with every one of the author's analyses and conclusions."--Brian H. Bix, Tulsa Law Review "One of the things I like so much about Boilerplate is that it clarifies just how deep and pervasive this problem is for modern contract theory as a whole. By casting doubt on one of the most common starting points in modern contract theory, Radin in effect forces us to reflect on the basic object of the inquiry. She thereby challenges us to produce either better theories or a better world, and to do so based on the facts rather than fanciful pictures of the market."--Robin Bradley Kar Jot, Illinois Public Law and Legal Theory Research Papers SeriesTable of ContentsAcknowledgments ix Prologue: World A (Agreement) and World B (Boilerplate) xiii Part I. Boilerplate, Consumers' Rights,and the Rule of Law 1 * Chapter 1 An Overview of Worlds A and B 3 * Chapter 2 Normative Degradation: Deleting Rights without Consent in the Name of Contract 19 * Chapter 3 Democratic Degradation: Replacing the Law of the State with the "Law" of the Firm 33 Part II. Boilerplate and Contract Theory: Rationales and Rationalizations 53 * Chapter 4 A Summary of the Philosophy of Contract: The Theories of World A 55 * Chapter 5 Can Autonomy Theory (Agreement, Consent) Justify Boilerplate Deletion of Rights? 82 * Chapter 6 Can Utilitarian-Welfare (Economic) Theory Justify Boilerplate Deletion of Rights? 99 Part III. Boilerplate and Contract Remedies: Current Judicial Oversight and Possible Improvements 121 * Chapter 7 Evaluating Current Judicial Oversight 123 * Chapter 8 Can Current Oversight Be Improved? 143 * Chapter 9 Improving Evaluation of Boilerplate: A Proposed Analytical Framework 154 Part IV. Escaping Contract: Other Remedial Possibilities 187 * Chapter 10 "Private" Reform Ideas: Possible Market Solutions 189 * Chapter 11 Reconceptualizing (Some) Boilerplate under Tort Law 197 * Chapter 12 "Public" and Hybrid Regulatory Solutions 217 Afterword: What's Next for Boilerplate? 243 Notes 249 Index 313

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Book SynopsisBoilerplate--the fine-print terms and conditions that we become subject to when we click "I agree" online, rent an apartment, enter an employment contract, sign up for a cellphone carrier, or buy travel tickets--pervades all aspects of our modern lives. On a daily basis, most of us accept boilerplate provisions without realizing that should a dispuTrade ReviewWinner of the 2014 Scribes Book Award, The American Society of Legal Writers "[Radin] has given us a sophisticated and thought-provoking treatment of the boilerplate contracts that everyone signs yet few read or understand."--Robert F. Nagel, Wall Street Journal "Radin makes a compelling case that boilerplate constitutes a clear and present danger to our core values. The practical remedies she suggests ought to command the attention of anyone concerned about the imposition of non-negotiable terms on American consumers."--Glenn C. Altschuler, Huffington Post "Boilerplate is exemplary scholarship: lucid, jargon-free, and focused on solving problems as well as identifying them. It's a model of the 'process,' inside-the-system track for social change."--Michael Stern, American Lawyer "Boilerplate is a book from which all readers could benefit, whether or not they ultimately agree with every one of the author's analyses and conclusions."--Brian H. Bix, Tulsa Law Review "One of the things I like so much about Boilerplate is that it clarifies just how deep and pervasive this problem is for modern contract theory as a whole. By casting doubt on one of the most common starting points in modern contract theory, Radin in effect forces us to reflect on the basic object of the inquiry. She thereby challenges us to produce either better theories or a better world, and to do so based on the facts rather than fanciful pictures of the market."--Robin Bradley Kar Jot, Illinois Public Law and Legal Theory Research Papers SeriesTable of ContentsAcknowledgments ix Prologue: World A (Agreement) and World B (Boilerplate) xiii Part I. Boilerplate, Consumers' Rights,and the Rule of Law 1 * Chapter 1 An Overview of Worlds A and B 3 * Chapter 2 Normative Degradation: Deleting Rights without Consent in the Name of Contract 19 * Chapter 3 Democratic Degradation: Replacing the Law of the State with the "Law" of the Firm 33 Part II. Boilerplate and Contract Theory: Rationales and Rationalizations 53 * Chapter 4 A Summary of the Philosophy of Contract: The Theories of World A 55 * Chapter 5 Can Autonomy Theory (Agreement, Consent) Justify Boilerplate Deletion of Rights? 82 * Chapter 6 Can Utilitarian-Welfare (Economic) Theory Justify Boilerplate Deletion of Rights? 99 Part III. Boilerplate and Contract Remedies: Current Judicial Oversight and Possible Improvements 121 * Chapter 7 Evaluating Current Judicial Oversight 123 * Chapter 8 Can Current Oversight Be Improved? 143 * Chapter 9 Improving Evaluation of Boilerplate: A Proposed Analytical Framework 154 Part IV. Escaping Contract: Other Remedial Possibilities 187 * Chapter 10 "Private" Reform Ideas: Possible Market Solutions 189 * Chapter 11 Reconceptualizing (Some) Boilerplate under Tort Law 197 * Chapter 12 "Public" and Hybrid Regulatory Solutions 217 Afterword: What's Next for Boilerplate? 243 Notes 249 Index 313

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Book SynopsisThis book explores how concerns can be raised about the NHS, why raising concerns hasn’t always improved standards, and how a no-fault open culture approach could drive improvements. The book describes a wide range of mechanisms for raising concerns about the NHS, including complaints, the ombudsman, litigation, HSIB, and the major inquiries since 2000, across the various UK jurisdictions. The NHS approach is contextualised within the broader societal developments in dispute resolution, accountability, and regulation. The authors take a holistic view, and outline practical solutions for reforming how the NHS responds to problems. These should improve the situation for those raising concerns and for those working within the NHS, as well as providing cost savings. The no-fault approaches proposed in the book provide long-term sustainable solutions to systemic problems, which are particularly timely given the impact of the COVID-19 pandemic on the NHS. The book will be of interest to academics, researchers, ADR practitioners, practising lawyers, and policy makers.Table of Contents1. Introduction Part One: The NHS 2. Our Wonderful NHS 3. The Long Term Plan 4. The NHS Patient Safety Strategy 5. NHS Policy on Responding to Mistakes Part Two: Raising Concerns 6. Mechanisms for Dealing with Staff Concerns 7. NHS Complaints 8. UK Health Service Ombudsman 9. Clinical Claims Against the NHS 10. Public Inquiries and Reviews 11. The Health Services Safety Investigation Branch 12. Complaints to Regulators Part Three: Raising Standards 13. Raising Concerns and Raising Standards 14. Conclusion

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Book SynopsisThis 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’.Trade ReviewIn a world of increasingly insecure work and runaway inflation, the regulation of payday loans is a central policy priority. The challenge is complex, requiring a broad, interdisciplinary understanding not only of current legal regimes, but also their history, political economy, and lived reality. In this pathbreaking book, Dr Jodi Gardner brilliantly draws on these perspectives to provide urgently required directions for reform. * Jeremias Adams-Prassl, Professor, University of Oxford, UK *This theoretically and empirically rich analysis of high-cost credit provides a clear argument for both regulatory and broader welfare approaches to tackle the problems it causes. As such, this book deserves to be widely read by lawyers and social scientists alike. * Karen Rowlingson, Professor of Social Policy and Dean of the Faculty of Social Sciences, University of York, UK *Jodi Gardner’s The Future of High-Cost Credit blends philosophical, politico-economic and socio-legal analysis to make a sophisticated and important contribution to the debate on regulation of high-cost credit. * Iain Ramsay, Emeritus Professor of Law, University of Kent, UK *Jodi Gardner’s book, The Future of High-Cost Credit, .... steps across the freedom versus regulation dichotomy that typically characterises debate around high cost credit. Taking a clear eyed view of the issues at hand, the book also addresses the often neglected policy debate relevant to the harms arising from consumer reliance on high cost credit ... The Future of High Cost Credit is valuable, and indeed crucial, reading for those interested in contract theory, credit and banking law, financial regulation and social justice. * Jeannie Paterson, Professor of Law, Melbourne Social Equity Institute, Australia *Gardner provides a deft exploration of high-cost credit, or ‘payday’ loans, in the UK – not shying away from complexity and debate. She lays bare the business models which can keep borrowers trapped in an exploitative and expensive cycle of credit, the insufficiencies of the existing regulatory approaches to tame the market, and why the problem will persist as poverty rates soar in the UK. This book is a devastating indictment of the system around high-cost credit. * Mia Gray, Professor of Geography, University of Cambridge, UK *Table of Contents1. Introduction 1.1. Payday Problems 1.2. Why High-Cost Credit? 1.3. Method, Scope and Jurisdiction 1.4. Outline PART I PHILOSOPHICAL CONTEXT: THE CONCEPTS OF HIGH-COST CREDIT 2. High-Cost Credit in the UK 2.1. How is High-Cost Credit Regulated? 2.1.1. The History of Moneylending Regulation 2.1.2. The Office of Fair Trading 2.1.3. The Financial Conduct Authority 2.1.4. Non-Regulatory Legal Enforcement 2.1.5. What Can We Learn? 2.2. What are the Challenges to Regulation? 2.2.1. Victim Blaming 2.2.2. Inadequate Engagement with the Market 2.2.3. What Can We Do? 2.3. Conclusion 3. Freedom 3.1. What is Freedom? 3.2. The History of Freedom 3.3. Justifying Freedom 3.3.1. Consent 3.3.2. Human Rights Approaches 3.3.3. Responsibilisation and Financialisation 3.3.4. Differing Approaches to Financial and Physical Products 3.4. Examples of Freedom 3.4.1. Restrictions on Who Can Lend 3.4.2. Disclosure Obligations and Advertising Restrictions 3.4.3. Cooling-Off Rights 3.4.4. Unfair Relationship Test 3.4.5. Vitiating Factors 3.5. Limitations of Freedom 3.5.1. Failure of Disclosure 3.5.2. Lack of Meaningful Choice 3.5.3. Poverty 3.6. Conclusion 4. Regulation 4.1. What is Regulation? 4.2. The History of Regulation 4.2.1. Usury, Religion and High-Cost Credit 4.2.2. The Development of Regulation 4.2.3. What Can We Learn? 4.3. Explanations for Regulation 4.3.1. Preventing Harmful Outcomes 4.3.2. Stopping Unconscionable Behaviour 4.3.3. Defending the Vulnerable 4.4. Examples of Regulation 4.4.1. Amending or Prohibiting Contract Terms 4.4.2. Prohibiting or Limiting Interest 4.4.3. Responsible Lending Obligations 4.4.4. Unfair Terms Legislation 4.4.5. Common Law Protections 4.5. Limitations of Regulation 4.5.1. Overlap with Limitations of Freedom 4.5.2. Illegal Lending 4.5.3. Financial Exclusion 4.6. Conclusion 5. A Social Minimum 5.1. What is a Social Minimum? 5.2. The History of A Social Minimum 5.2.1. Religious and Charitable Obligations 5.2.2. The Poor Laws 5.2.3. The Beveridge Report 5.2.4. After the ‘Welfare State’ 5.3. Explanations for a Social Minimum 5.3.1. Equality and Liberal Democracy 5.3.2. Government Duty 5.3.3. Social Minimum and Happiness 5.4. Examples of a Social Minimum Provision 5.4.1. Welfare Provision 5.4.2. Bankruptcy Relief 5.4.3. Vitiating Factors 5.5. Limitations of a Social Minimum 5.5.1. Impact on Property Rights 5.5.2. Responsibility for the Social Minimum 5.5.3. Moral Hazards 5.6. Conclusion PART II THE SOCIAL CONTEXT: IDENTIFYING HIGH-COST CREDIT BORROWERS 6. The Lived Experience 6.1. Research Method and Results 6.1.1. Methodology of Stakeholder Interviews 6.1.2. Methodology of Borrower Interviews 6.1.3. Interview Results 6.2. Financially Secure Borrowers 6.2.1. Lending Scenarios 6.2.2. Application to High-Cost Credit Concepts 6.2.3. Application to Current Legal Approach 6.3. Financially Insecure Borrowers 6.3.1. Lending Scenarios 6.3.2. Application to High-Cost Credit Concepts 6.3.3. Application to Current Legal Approach 6.4. Significantly Impaired Borrowers 6.4.1. Lending Scenarios 6.4.2. Application to High-Cost Credit Concepts 6.4.3. Application to Current Legal Approach 6.5. Conclusion 7. Future Directions 7.1. Law Reform Recommendations 7.1.1. Enhanced and Meaningful Disclosure 7.1.2. Responsible Lending Obligations 7.1.3. Opt Out Processes 7.2. Social Welfare Responses 7.2.1. Providing a Social Minimum 7.2.2. Maintaining a Social Minimum 7.3. Further Research 8. Conclusion

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Book SynopsisIn 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.Table of ContentsPart One: Homage to a Polymath 1. The Multidimensional Career of a Polymath, Xandra Kramer (Erasmus University Rotterdam, the Netherlands) Stefaan Voet (KU Leuven, Belgium), Lorenz Ködderitzsch (Johnson & Johnson, Belgium), Magdalena Tulibacka (Emory Law School, USA) and Burkhard Hess (Max Planck Institute Luxembourg for Procedural Law) 2. Resume and Main Publications, Xandra Kramer (Erasmus University Rotterdam, the Netherlands) Stefaan Voet (KU Leuven, Belgium), Lorenz Ködderitzsch (Johnson & Johnson, Belgium), Magdalena Tulibacka (Emory Law School, USA) and Burkhard Hess (Max Planck Institute Luxembourg for Procedural Law) 3. The Friend, David Marks (CMS Cameron McKenna, United Kingdom) 4. Policy Behaviour: Forging the Blueprint, Arundel McDougall (European Justice Forum, Belgium) and Urs Leimbacher (Swiss Re, Switzerland) 5. A Love of Music: From Oxford to the Sixteen, Harry Christophers CBE (The Sixteen, United Kingdom) 6. ‘In Modern Comic Opera One Sometimes Has to Wing It. If It’s Too Absurd to Say It, Then Sing It!’, Jeremy Gray (Bampton Classical Opera, United Kingdom) 7. Solicitor, Academic, Policymaker!, Diana Wallis (former European Parliament, Belgium) Part Two: Collective Redress 8. What is Collective in EU Collective Redress?, Hans Micklitz (European University Institute, Italy) and Andrea Wechsler (Pforzheim University, Germany) 9. ‘Je t’aime, moi non plus’: Why Europe Needs Strong Collective Redress, Alexandre Biard (Erasmus School of Law, the Netherlands) 10. Collective Redress in EU Consumer Law - How It Is, How It Could Be, Stephen Weatherill (University of Oxford, United Kingdom) 11. Let’s Redress European Redress the Hodges Way! Redressons redress en Europe à l’Hodgienne! A Look at How Canada Resolves the Conflicting Collective Claims Cross-Border Conundrum and How May the Canadian Solution Help Us in the EU?, Herbert Woopen (European Justice Forum, Belgium) 12. Deadweight Loss and Collective Redress in Competition Law, Franziska Weber (Erasmus School of Law, the Netherlands) 13. Third Party Funding in Collective Redress, Astrid Stadler (University of Konstanz, Germany) 14. Do Collective Redress Mechanisms Deliver Justice?, Mary Bartkus (Hughes Hubbard & Reed LLP, US) Part Three: Consumer Dispute Resolution 15. Does ADR “Get It”?, Lewis Shand Smith (Business Banking Resolution Service, United Kingdom) and Matt Vickers (Ombudsman Services, United Kingdom) 16. Consumer Dispute Resolution in the Digital Era: Access for Some Consumers?, Eline Verhage (Leiden University, the Netherlands) and Naomi Creutzfeldt (University of Westminster, United Kingdom) 17. Rise and Fall of Traffic Accident ADR in Japan: The Cause and the Possible Remedy, Takuya Hatta (Kobe University, Japan) 18. CDR: Catalyst for China’s E-Commerce, Ying Yu (University of Oxford, United Kingdom) and Alex Chung (University College London, United Kingdom) Part Four: Court System Reform and New Technologies 19. Digital Technology and The Development of Holistic Dispute Resolution, Sir Geoffrey Vos (Master of the Rolls, United Kingdom) and John Sorabji (UCL, United Kingdom) 20. The Evolution of No-Fault Compensation Schemes for Personal Injuries, Sonia Macleod (University of Oxford, United Kingdom) 21. No-Fault Compensation Systems in the Pandemic Context, Lorenz Ködderitzsch (Johnson & Johnson, Belgium) Part Five: Ethical Business Regulation, Corporate Behaviour, and Regulatory Delivery 22. Ethical Business Practice and Regulation and Beyond: Challenging Traditional Approaches to Compliance and Enforcement, Ruth Steinholtz (AretéWork, United Kingdom) and Srikanth Managalam (University of Queensland, Australia) 23. The Evolution of INDR 2017 – 2022, Hilary Evans (INDR, United Kingdom) and Graham Russell, Departments for Business, Energy and Industrial Strategy, United Kingdom)

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Book SynopsisThe United States is the world''s largest producer, consumer, and exporter of remanufactured goods. Remanufacturing is an industrial process that restores end-of-life goods to original working ("like new") condition. Remanufacturing occurs across a diverse range of industry sectors in the United States, but is more common in sectors making capital-intensive, durable products that have relatively longer product life cycles. The sectors that account for the majority of remanufacturing activity in the U.S. include aerospace, consumer products, electrical apparatus, heavy-duty and off-road (HDOR) equipment, information technology (IT) products, locomotives, machinery, medical devices, motor vehicle parts, office furniture, restaurant equipment, and retreaded tires. This book provides an overview of remanufactured goods activities, sector studies and global markets.

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Book SynopsisThe landscape of mass litigation in Europe has changed impressively in recent years, and collective redress litigation has proved a popular topic. Although much of the literature focuses on the political context, contentious litigation, or how to handle cross-border multi-party cases, this book has a different focus and a fresh approach. Taking as a starting-point the observation that mass litigation claims are a ‘nuisance’ for both parties and courts, the book considers new ways of settling mass disputes. Contributors from across the globe, Australia, Canada, China, Europe and the US, point towards an international convergence of the importance of settlements, mediation and alternative dispute resolution (ADR). They question whether the spread of a culture of settlement signifies a trend or philosophical desire for less confrontation in some societies, and explore the reasons for such a trend. Raising a series of questions on resolving mass disputes, and fuelling future debate, this book will provide a challenging and thought-provoking read for law academics, practitioners and policy-makers.Trade Review’Legal systems worldwide are increasingly grappling with the legal and logistic complexities of collective actions and claims. Although the US-style class action contrasts sharply with the European focus on individual litigation, policy-makers throughout Europe are seeking to reduce judicial budgets, to enhance self-reliance through ADR schemes and to introduce new and efficient forms of redress through collective litigation. Meanwhile, the market for justice is becoming increasingly globalised. Thus, a sense of judicial competition between jurisdictions may accelerate a European movement towards new procedures and paradigms in the realm of collective redress. Against this background, this formidable collection of comparative essays on collective redress and ADR is both timely and unique. This book shows viable pathways to ensuring efficient and balanced collective redress. Excellent contributors and editors have jointly succeeded in connecting ADR and collective redress in ways previously considered disparate.’ -- Willem H. van Boom, Erasmus University Rotterdam, the Netherlands‘Resolving Mass Disputes is a timely, informative, and stimulating book. The contributed chapters analyze the phenomena of interest - mass dispute resolution in court-based systems and their alternatives - in numerous countries and the EU, and the insights they afford are nicely drawn together in a comprehensive introduction by the editors, Christopher Hodges and Astrid Stadler. As a result, the reader is enabled to understand and begin to evaluate comparatively the various mechanisms by which a broad array of common law and civil law systems currently resolve mass disputes.’ -- Stephen B. Burbank, University of Pennsylvania Law School, USTable of ContentsContents: 1. Introduction Christopher Hodges and Astrid Stadler 2. CADR and Settlement of Claims – A Few Economic Observations Michael Faure PART I: SETTLEMENTS OF MASS CLAIMS 3. Enforcing Mass Settlements in the European Judicial Area: EU Policy and the Strange Case of Dutch Collective Settlements (WCAM) Xandra E. Kramer 4. Collective Settlements in the Netherlands: Some Empirical Observations Ianika Tzankova and Deborah Hensler 5. Settlement and its Pitfalls in England and Wales Christopher Hodges 6. Class Actions and Settlement Culture in Canada Jasminka Kalajdzic 7. America’s Dynamic and Extensive Experience with Collective Litigation Richard Marcus 8. Mass Settlements in Australia Michael Legg 9. The Legislation and Judicial Practice of China’s Group Action Zhang Wusheng and Liao Haiqing PART II: CONSUMER ALTERNATIVE DISPUTE RESOLUTION 10. The Origins and Evolution of Consumer Dispute Resolution Systems in Europe Naomi Creutzfeldt 11. Out-of-Court Settlement of Consumer Disputes in Financial Services Iris Benöhr 12. Public Enforcement and A(O)DR as Mechanisms for Resolving Mass Problems: A Belgian Perspective Stefaan Voet 13. Online Dispute Resolution in the EU and Beyond – Keeping Costs Low or Standards High? Julia Hörnle Index

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Book SynopsisThe Research Handbook on EU Consumer and Contract Law takes stock of the evolution of this fascinating area of private law to date and identifies key themes for the future development of the law and research agendas. This major Handbook brings together contributions by leading academics from across the EU on the latest developments and controversies in these important areas of law. The Handbook is divided into three distinct and thematic parts: firstly, authors examine a range of cross-cutting issues relevant to both consumer and contract law. The second part discusses specific topics on EU consumer law, including the consumer image within EU law, information duties and unfair contract terms. The final part focuses on a number of important subjects which remain current in the development of EU contract law and presents a number of innovative solutions to the challenges presented in parts one and two. This timely and insightful Handbook will provide both a comprehensive survey of this area of law for the novice researcher and fresh food-for-thought for scholars who have been researching this area of law for many years.Contributors include: E.A. Amayuelas, H. Beale, J.M. Bech Serrat, C. Busch, R. Canavan, P. Cartwright, O.O. Cherednychenko, G. Comparato, G. Cordero-Moss, A. Cygan, L. Gillies, M. Graziadei, M.W. Hesselink, G. Howells, C. Mak, V. Mak, H.-W. Micklitz, B. Pozzo, P. Rott, J. Rutgers, J.M. Smits, Y. Svetiev, E.T.T. Tai, C. Twigg-Flesner, W.H. van Boom, J. Watson, F. ZollTrade Review'Professor Twigg-Flesner has assembled a talented and multinational team of scholars to work on this project and they have delivered a terrific book. It is comprehensive and ambitious, sensitive to the context in which the EU's involvement in consumer and contact law has developed over time, and moreover the book is not only a state of the art description of the law, it is also reform-minded and forward-looking.' --Stephen Weatherill, University of Oxford, UKTable of ContentsContents: Preface Introduction: EU consumer and contract law at a crossroads? Christian Twigg-Flesner PART I CROSS-CUTTING ISSUES 1. A step too far? Constitutional objections to harmonisation of EU consumer and contract law Adam Cygan 2. The regulatory character of European private law Guido Comparato, Hans-W Micklitz and Yane Svetiev 3. The problems associated with the implementation of directives into national legal systems – a few examples from the codified legal traditions Fryderyk Zoll 4. Fostering a European legal identity through contract and consumer law Michele Graziadei 5. The impact of fundamental rights Olha O. Cherednychenko 6. The challenges of a multi-lingual approach Barbara Pozzo 7. Recent developments in the approximation of EU private international laws: towards mutual trust, mutual recognition and enhancing social justice in civil and commercial matters Lorna E. Gillies 8. Free movement and contract law Chantal Mak PART II CONSUMER LAW 9. The consumer image within EU law Peter Cartwright 10. The future of pre-contractual information duties: from behavioural insights to big data Christoph Busch 11. Withdrawal rights Jonathon Watson 12. Contracts of sale Rick Canavan 13. Unfair contract terms Peter Rott 14. Financial services and consumer protection Vanessa Mak 15. Services, including services of general interest Eric Tjong Tjin Tai 16. Consumer travel law Josep Maria Bech Serrat 17. Unfair commercial practices Willem H. van Boom 18. Consumer law enforcement and access to justice Geraint Howells PART III CONTRACT LAW 19. The story of EU contract law– from 2001 to 2014 Hugh Beale 20. The idea of an optional contract code Esther Arroyo Amayuelas 21. Standard contract terms as an alternative to legislation Giuditta Cordero-Moss 22. Contract theory and EU contract law Martijn W. Hesselink 23. European contract law and social justice Jacobien W. Rutgers 24. The future of contract law in Europe Jan M. Smits Index

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Book SynopsisAcclaim for the first edition:'Steve Weatherill provides an excellent thought-provoking account of EU consumer law and policy. It will be required reading for all those interested in this important subject.'- Paul Craig, St John's College, Oxford, UK'This is a characteristically excellent book by Steve Weatherill, combining incisive legal analysis of an important policy field with an authoritative and up-to-date account of the underlying legal and constitutional framework.'- Grainne de Burca, European University Institute, ItalyThis new edition of Stephen Weatherill's acclaimed book provides a comprehensive introduction to all facets of the EU's involvement in consumer law and policy.Consumers are expected to benefit from the EU's project of economic integration, enjoying wider choice and improved quality, and yet they need protection from the dangers that flow from malfunctioning and unfair markets. The EU's consumer law and policy is an attempt to have the best of both worlds - a liberalized yet properly regulated trading space for Europe.This highly esteemed book, now in a brand new edition, provides a comprehensive and up-to-date introduction to the subject, explaining the evolution of consumer law and policy in the EU in terms of both legislative and judicial activity. The book also situates EU consumer law and policy within its broader social, political and economic context, providing a window to a range of wider issues (and tensions) relating to Union regulatory strategies and their effect on the member states. It concludes with a newly written examination of the relationship between EU and national initiatives of market regulation - symbiosis or disruption?A readable yet critically sound textbook, this fully updated edition will be indispensable for both postgraduate and undergraduate students of EU law. It will also appeal strongly to all academics, regulators and practicing lawyers with an interest in EU trade law or indeed European law more generally.Contents: 1. The Evolution of Consumer Policy in the European Union 2. Negative Law and Market Integration 3. The Law and Practice of Harmonisation 4. Market Transparency and Consumer Protection 5. Regulating the Substance of Consumer Transactions 6. Product Liability 7. European Private Law 8. Advertising and Marketing Law 9. Product Safety Regulation 10. Access to Justice 11. Conclusion: The Challenges of EU Consumer Law IndexTrade ReviewAs a whole, Stephen Weatherill crafts a detailed and wonderfully rich consideration of this dynamic issue and is a resource which practitioners in this area could ill do without. Weatherill's thorough and thoughtful insights with regard to these issues provide an important basis for understanding the complexities and vagaries of market integration in the EU Community. --- Peter G. Fitzgerald, Canadian Law Library ReviewTable of ContentsContents: 1. The Evolution of Consumer Policy in the European Union 2. Negative Law and Market Integration 3. The Law and Practice of Harmonisation 4. Market Transparency and Consumer Protection 5. Regulating the Substance of Consumer Transactions 6. Product Liability 7. European Private Law 8. Advertising and Marketing Law 9. Product Safety Regulation 10. Access to Justice 11. Conclusion: The Challenges of EU Consumer Law Index

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Book SynopsisThis incisive book gives a comprehensive overview of the regulation of consumer credit in both the US and the UK. It covers policy, procedure and the dynamics of the consumer credit relationship to advocate for a balanced approach in achieving more effective consumer protection. Sarah Brown traces the development of the consumer credit relationship on both sides of the Atlantic, analysing the underlying rationale and policy themes that continue to inform the shaping of the regulatory agenda. The author compares the ways in which the consumer credit relationship is now managed, including supervisory frameworks and the roles of regulators, and provides new perspectives on current arguments in credit consumer protection. Important topical issues such as unfairness, over-indebtedness, predatory lending, vulnerability and questions of responsibility are addressed, before concluding with a recommendation for the best way forward based on a balance of interests. Researchers and students aiming to understand the processes and broader aspects of consumer credit regulation will find this book invaluable, particularly those with an interest in comparative analysis in this context. It will also prove useful to US and UK policy-makers considering future approaches and reform, as well as practitioners interested in frameworks of consumer credit protection.Trade Review'Based on the consistent and thoughtful comparison of UK and US consumer credit regulation, this book offers new and inspiring reading on many of the foundational issues of consumer credit law. The author compares not only the development of policy choices and supervisory frameworks, but also topical consumer protection challenges, like the protection of vulnerable consumers and the importance of responsible lending. Credit lawyers, consumer lawyers and comparative lawyers will all find the book enjoyable and useful.' --Thomas Wilhelmsson, University of Helsinki, Finland'Dr. Sarah Brown has produced a contemporary and innovative commentary on the relationship between the provision of credit and its consumers. The monograph is written just over a decade since the 2007-2009 financial crisis and provides an invaluable discussion on the negative consequences that can arise from the vibrant consumer credit market. The comparison between the UK and the USA provides a fascinating and absorbing exploration of a wide range of inter-disciplinary and inter-connected issues. The book is extremely well written and presents an excellent level of analysis and commentary. The central themes of the text are clearly illustrated and the research reaches several well thought out and constructed conclusions. Dr. Brown must be commended for producing an outstanding monograph that offers a unique and timely analysis.' --Nicholas Ryder, University of the West of England, UKTable of ContentsContents: Preface Acknowledgements 1. Introduction 2. Development of transatlantic consumer credit, regulation and policy 3. Policy and themes in managing the consumer credit relationship 4. The regulatory and supervisory frameworks for consumer credit 5. Persona, vulnerability and responsibility in the consumer credit relationship 6. Protection in creating of the consumer credit relationship 7. Rescuing the credit consumer: remedies and questions of fairness 8. Conclusion Index

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Book Synopsis'Consumer law has truly matured as an object of scholarly inquiry in recent years, in particular (but not only) through the embrace of sophisticated insights into real-life consumer behaviour as a basis for regulatory design. This book brings together writers who have been and remain at the forefront of intellectual inquiry, and it permits them to enrich thinking about patterns and styles of research into consumer law.'- Stephen Weatherill, University of Oxford, UKEuropean consumer law seeks to ensure that consumers receive sufficient information about goods and services, are not subject to unfair contract clauses or unfair commercial practices, and have the means to redress grievances. This Handbook specifically considers the impacts of different disciplines and methods as it presents the state of the art in consumer law research and in particular offers intriguing new insights from behavioural science.Research Methods in Consumer Law shows how different lenses help to highlight under-researched areas of consumer law and engage with current debates in order to suggest pertinent legal reforms. Rules meant to protect consumers are often premised on the fact that small print is read, understood and acted upon. Acknowledging that this is rarely the case, the expert contributors offer new perspectives, informed by the study of how real people behave and paying careful attention to methodology.Offering the tools to engage in promising and socially useful legal research, this Handbook will appeal to students and scholars across the fields of law and behavioural science, as it offers a fresh look at the relation between EU consumer law and other disciplines oriented to solving practical problems.Contributors include: M. Artigot Golobardes, F. Esposito, S. Frerichs, F. Gomez Pomar, P. Hacker, G. Helleringer, J. Luzak, M. Malecka, H.-W. Micklitz, F. Möslein, M. Nagatsu, K.P. Purnhagen, G. Rühl, A.-L. Sibony, J. Trzaskowski, F. WeberTrade Review'Containing inspiring contributions from distinguished scholars in the field, this book offers an eloquent and open-minded perspective on the highly topical behavioural turn in consumer law research. In doing so, it suggests a blended approach to research methodology, combining behavioural insights with doctrinal scholarship, economic analysis and socio-legal studies. Both the suggestions and the critique are based on a deep foundational understanding of the discipline.' --Thomas K.J. Wilhelmsson, University of Helsinki, Finland'We are all consumers. And we are all directly affected by consumer law. This important, dynamic area of the law is the subject of Hans-W. Micklitz, Anne-Lise Sibony and Fabrizio Esposito's Research Methods in Consumer Law. The editors have put together an impressive collection of essays that correctly focus on behavioral analysis as the state-of-the-art methodology in consumer law. The volume is both deep and broad, delving into the weeds of behavioral science and cutting across multiple applications of the methodology in different areas of consumer law. It should be of great interest to lawmakers, researchers, and practitioners.' --Oren Bar-Gill, Harvard Law School, US'Research Methods in Consumer Law persuasively shows that not only medicine and doctors save lives, law can too. Consumer Law has, for decades, been the Cinderella of the legal discipline; however, now it is increasingly afoot in Europe and beyond. Amid a favourable Zeitgeist, this unprecedented collection of foundational contributions offers a solid grounding to any legal scholar interested in pursuing theoretically rich and action-oriented research.' --Alberto Alemanno, HEC Paris, France and founder of The Good LobbyTable of ContentsContents: 1. The Bright and Adventurous Future of Consumer Law Research Hans-W. Micklitz, Anne-Lise Sibony, Fabrizio Esposito Part I Foundations of Behavioural Consumer Legal Research 2. Conceptual Foundations For a European Consumer Law and Behavioural Sciences Scholarship Fabrizio Esposito 3. Nudging and Autonomy. A Philosophical and Legal Appraisal Philipp Hacker 4. Rational Choice and Behavioural Approaches to Consumer Issues Fernando Gómez Pomar1 and Mireia Artigot Golobardes Part II Advances in Behavioural Consumer Legal Research 5. The role(s) of Empirical Research in Consumer Law and Consumer Law Scholarship Anne-Lise Sibony 6. US behavioural consumer research Franziska Weber 7. Who Calls the Tune? Stock Taking of Behavioural Consumer Protection in Europe Joasia Luzak 8. Regulatory Validity Kai Purnhagen 9. Behavioural Innovations in Marketing LawProfessor Jan Trzaskowski 10. A Behavioural Perspective on Consumer Finance Genevieve Helleringer Part III Insights From Broader Perspectives 11. How Behavioural Research Has Informed Consumer Law: The Many Faces of Behavioural Research Michiru Nagatsu and Magdalena Małecka 12. What Is the ‘Social’ in Behavioural Economics? The Methodological Underpinnings of Governance by Nudges Sabine Frerichs 13. Behavioural Analysis and Socio-legal Research – Is Everything Architecture? Florian Möslein 14. Behavioural Analysis and Comparative Law – Improving the Empirical Foundation for Comparative Legal Research Giesela Rühl 15. The Politics of Behavioural Economics of Law Hans-W. Micklitz Index

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Book SynopsisConsumer law and policy continues to be of great concern to both national and international regulatory bodies, and the second edition of the Handbook of Research on International Consumer Law provides an updated international and comparative analysis of the central legal and policy issues, in both developed and developing economies. Taking a thematic approach, and yet highlighting issues in different national contexts, the Handbook explores issues which are common to all countries, such as social policy and effective business regulation, and relates consumer law to contemporary trends in human rights law.Features of this edition: consideration of the potential for new regulatory complexity as a result of Brexit• reflections on the growth of middle class consumption in Asia and Latin America and the impact that this will have on business reforms• coverage of increasing divergence between the regulatory models of both the EU and the US• focus on the challenges and opportunities that the digital age presents for consumer market regulation• analysis of the significant changes in consumer credit law and policy since the financial crash of 2008. This Handbook will provide researchers, students and policymakers with an insight to the main policy debates in differing national and sectoral contexts, and provide models of legal regulation which contribute to the evaluation and development of consumer laws and policy.Contributors include: I. Benöhr, O. Dixon, C. Hawes, D.R. Hensler, G. Howells, D. Kingsford Smith, A. MacCulloch, H.-W. Micklitz, J.P. Nehf, J. Niemi, L. Nottage, D.G. Owen, P. Quirk, S. Rachagan, I. Ramsay, J.A. Rothchild, P. Rott, R. Schulze, C. Scott, K. Tokeley, C. Twigg-Flesner, J. Watson, T. Wilhelmsson, C. WillettTable of ContentsContents: Preface 1. Consumer law in its international dimension Geraint Howells, Iain Ramsay and Thomas Wilhelmsson 2. Consumer protection and human rights Iris Benöhr and Hans-W. Micklitz 3. Development and consumer law Sothi Rachagan 4. The consumer and competition law Angus MacCulloch 5. Misleading and unfair advertising James P. Nehf 6. Protecting rational choice: Information and the right of withdrawal Christian Twigg-Flesner and Reiner Schulze 7. Unfair terms and standard form contracts Thomas Wilhelmsson and Chris Willett 8. Sales and guarantees Cynthia Hawes and Christian Twigg-Flesner 9. Products liability law in America and Europe Geraint Howells and David G. Owen 10. Product safety regulation Luke Nottage 11. Consumers and services of general interest Peter Rott and Chris Willett 12. Consumer protection and the Internet Patrick Quirk and John A. Rothchild 13. Regulation of consumer credit Iain Ramsay 14. Personal insolvency Johanna Niemi 15. Financial services regulation and the investor as consumer Dimity Kingsford Smith 16. Individual consumer redress Peter Spiller and Kate Tokeley 17. Using class actions to enforce consumer protection law Deborah R. Hensler 18. Enforcing consumer protection laws Colin Scott Index

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Book SynopsisThe public sector ombudsman has become one of the most important administrative justice institutions in many countries around the world. This international and interdisciplinary Research Handbook brings together leading scholars and practitioners to discuss the state-of-the-art research on this increasingly prominent institution. Traditionally, research on the ombudsman has been conducted from a purely prescriptive or (legal) descriptive perspective, mainly focusing on the ombudsman 'in the books'. By contrast, this book illustrates how empirical research may contribute to a better understanding of the ombudsman 'in action'. It uses new empirical studies and competing theoretical explanations to critically examine important aspects of the ombudsman's work. The Research Handbook is organized in to four parts: fundamentals of the ombudsman; the evolution of the ombudsman; evaluation of the ombudsman; and the ombudsman office and profession. Featuring case studies from Europe, Canada, Asia, Africa, Latin America and Australia, chapters provide a comprehensive global perspective on the issues at hand. This unique Research Handbook will be of great value to researchers in the fields of public law, socio-legal studies and alternative dispute resolution who have an interest in the ombudsman. It will also be a valuable resource for policymakers and practitioners, particularly those working within ombudsman offices.Contributors include: V. Ayeni, C.A. Barco, A. Bedner, R. Behrens, V. Bondy, B. Bradford, A. Brenninkmeijer, S. Carl, J. Chan, N. Creutzfeldt, J. Dahlvik, M. de Langen, M. Doyle, L. Díez, C. Gill, E. Govers, M. Groves, C. Harlow, M. Hertogh, C. Hodges, B. Hubeau, R. Kirkham, M. Lezertua, J. McMillan, N. O'Brien, A. Pohn-Weidinger, L.C. Reif, M. Remác, A. Stumckhe, P. Tyndall, B. Tai, Y. van der Vlugt, E. van Gelder, R. van Zutphen, V. WongTrade Review'This ambitious work canvasses perspectives on the ombudsman role from across the globe and in a range of historical and social contexts; focusing on the public sector as the traditional heartland of the ombudsman. The Editors, Marc Hertogh and Richard Kirkham have assembled an impressive and diverse set of voices, from the EU to the Global South to Australia and beyond, and across different institutional settings the inclusion of under-scrutinized and interdisciplinary perspectives is particularly helpful. The focus on the ombudsman as a community of practice on the one hand, and as a reflection of aspirations around the rule of law, equity and fairness on the other, leads to a rich, thought-provoking, practical and engaging collection. Taking seriously the ideas, people and contexts that animate the ombudsman's role will resonate with a broad readership.' --Lorne Sossin, Osgoode Hall Law School, York University, Canada'This important and useful edited collection brings together international perspectives on the current state of ombudsman research. Contributions from researchers, academics and practitioners from different jurisdictions provide valuable insights into debates on the ombudsman concept, its evolution and evaluation. It is a valuable addition to the literature on ombudsmen, and will be useful to academics, practitioners and policymakers.' --Mary Seneviratne, Nottingham Trent University, UK'Hertogh and Kirkham set out to fill a void in ombudsman studies by collating an overview of state-of-the-art scholarship. They have succeeded. This wide-ranging and multi-jurisdictional collection of essays will push the boundaries of ombudsman research and greatly enrich it in the process.' --Simon Halliday, University of York, UKTable of ContentsContents: Foreword Peter Tyndall 1. The Ombudsman and Administrative Justice: From Promise to Performance Marc Hertogh and Richard Kirkham PART I: FUNDAMENTALS OF THE OMBUDSMAN 2. The History and Evolution of the Ombudsman Model Sabine Carl 3. Ombudsmen and Public Authorities: A Modest Proposal Nick O’Brien 4. The Private Sector Ombudsman Christopher Hodges PART II: THE EVOLUTION OF THE OMBUDSMAN 5. Ombudsmen: ‘Hunting Lions’ or ‘Swatting Flies' Carol Harlow 6. The Politics of the Ombudsman: The Hong Kong Experience Johannes Chan and Vivianne Wong 7. The Ombudsman and the Rule of Law Benny Tai 8. The European Ombudsman and the Court of Justice of the European Union: Competition or Symbiosis in Promoting Transparency? Milan Remac 9. The Rule of Law in the European Union: Standards of the Ombudsman, Judge, and Auditor Alex Brenninkmeijer and Emma van Gelder 10. Ombudspersons in Developing Countries: The Case of Indonesia Adriaan Bedner 11. The Transposition of the Ombudsman Model to the Human Rights Domain: Its Role as a Policy Entrepreneur Carlos Alza Barco 12. Fifty Years of the Ombudsman in Africa Victor Ayeni 13. Ombuds Institutions: Strengthening Gender Equality, Women’s Access to Justice and Protection and Promotion of Women’s Rights Linda C. Reif PART III: EVALUATION OF THE OMBUDSMAN 14. The Profile of Complainants: How to Overcome the 'Matthew Effect'? Bernard Hubeau 15. How Do Complainants Experience the Ombuds Procedure? Detecting Cultural Patterns of Disputing Behavior - A Comparative Analysis of Users that Complain about Financial Services Naomi Creutzfeldt and Ben Bradford 16. What Do Government Agencies Learn from the Ombudsman? Chris Gill 17. Ombudsmen in Prisons: Reviewing and Reforming Matthew Groves 18. The National Ombudsman and Proper Police Conduct Yvonne van der Vlugt 19. The Use of Own-Initiative Powers by the Ombudsman Laura Díez Bueso 20. Effectiveness and Independence of the Ombudsman's Own Motion Investigations: A Practitioner's Perspective from The Netherlands Maaike de Langen, Emily Govers and Reinier Van Zutphen PART IV: OMBUDSMAN OFFICE AND PROFESSION 21. Administering Access to the Public Ombuds Institution. A Case Study on the Austrian Ombudsman Board Julia Dahlvik and Axel Pohn-Weidinger 22. Ombuds Can, Ombuds Can’t, Ombuds Should, Ombuds Shan’t: A Call to Improve Evaluation of the Ombudsman Institution Anita Stumckhe 23. The Ombudsman in Australia: Flourishing, Expanding, Diversifying, Innovating John McMillan 24. Ombudsman Values: A Guide to Practice Robert Behrens 25. The 21st Century Ombudsperson: A Guarantor of Democracy Manuel Lezertua 26. What’s in a Name: A Discussion Paper on Ombud Terminology Varda Bondy and Margaret Doyle PART V: CONCLUSION 27. An Agenda for Future Ombudsman Research: Towards a General "Ombuds-Science" Marc Hertogh and Richard Kirkham Index

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Book SynopsisThis research review discusses a compilation of path-breaking and well-cited literature as well as otherwise original contributions to the international debate on consumer protection. It focuses in particular on the role and policy of consumer law as well as on the approaches and methods of research in this domain. Key papers regarding the various instruments and issues surrounding consumer law are explored. The picture that emerges from this title is an area of law that is profoundly international and multidisciplinary, this piece of literature extends on this and ties together the featured papers. This review will be a useful tool for consumer law researchers and valuable to those engaged by this popular practice area. Table of ContentsContents: Acknowledgements Introduction Thomas Wilhelmsson and Geraint Howells PART I ROLE AND POLICY OF CONSUMER LAW A Goals and Purpose of Consumer Law 1. Department of Economic and Social Affairs (2003), ‘United Nations Guidelines for Consumer Protection (As Expanded in 1999)‘, New York, NY, USA: United Nations, accessed on 26th September 2018, 1–11, www.un.org/esa/sustdev/publications/consumption_en.pdf 2. John F. Kennedy (1962), ‘Special Message to the Congress on Protecting the Consumer Interest’, American Presidency Project, published online by Gerhard Peters and John T. Woolley, accessed on 26th September 2018, 1–9, www.presidency.ucsb.edu/documents/special-message-the-congress-protecting-the-consumer-interest 3. Michael J. Trebilcock (1975), ‘Winners and Losers in the Modern Regulatory System: Must the Consumer Always Lose’, Osgoode Hall Law Journal, 13 (3), December, 619–47 4. Iain Ramsay (1985), ‘Framework for Regulation of the Consumer Marketplace’, Journal of Consumer Policy, 8 (4), December, 353–72 5. Norbert Reich (1992), ‘Diverse Approaches to Consumer Protection Philosophy’, Journal of Consumer Policy, 14 (3), September, 257–92 6. Sinai Deutch (1994), ‘Are Consumer Rights Human Rights?’, Osgoode Hall Law Journal , 32 (3), Fall, 537–78 7. Thomas Wilhelmsson (2004), ‘The Abuse of the “Confident Consumer” as a Justification for EC Consumer Law’, Journal of Consumer Policy, 27 (3), September, 317–37 8. Peter Cartwright (2015), ‘Understanding and Protecting Vulnerable Financial Consumers’, Journal of Consumer Policy, 38 (2), June, 119–38 B Sustainability and Consumer Law 9. Sothi Rachagan (2018), ‘Development and Consumer Law’, in Geraint Howells, Iain Ramsay and Thomas Wilhelmsson (eds), Handbook of Research on International Consumer Law: Second Edition, Chapter 3, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 35–63 10. Klaus Tonner (2000), ‘Consumer Protection and Environmental Protection: Contradictions and Suggested Steps Towards Integration’, Journal of Consumer Policy, 23 (1), March, 63–78 C Consumer and Competition Law 11. Angus MacCulloch (2018), ‘The Consumer and Competition Law’, in Geraint Howells, Iain Ramsay and Thomas Wilhelmsson (eds), Handbook of Research on International Consumer Law: Second Edition, Chapter 4, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 64–89 PART II APPROACHES AND METHODS OF CONSUMER LAW RESEARCH A Consumer Law and General Private Law 12. Hans-W. Micklitz (1999), ‘Principles of Social Justice in European Private Law’, Yearbook of European Law, 19 (1), January, 167–204 13. Brigitta Lurger (2011), ‘The ‘Social’ Side of Contact Law and the New Principle of Regard and Fairness’ in Arthur Hartkamp, Martijn Hesselink, Ewould Hondius, Chantal Mak and Edgar du Perron (eds), Towards a European Civil Code: Forth Revised and Expanded Edition, Chapter 15, Alphen aan den Rijn, Netherlands: Wolters Kluwer, 353–86 B Empirical and Behavioural Research 14. Ian Ayres (1991), ‘Fair Driving: Gender and Race Discrimination in Retail Car Negotiations’, Harvard Law Review, 104 (4), February, 817–72 15. Oren Bar-Gill (2007), ‘The Behavioural Economics of Consumer Contracts’, Minnesota Law Review, 92 (3), February, 749–802 16. Oren Bar-Gill, Omri Ben-Shahar and Florencia Marotta-Wurgler (2017), ‘Searching for the Common Law: The Quantitative Approach of Restatement of Consumer Contracts’, University of Chicago Law Review, January, 84 (7), Winter, 7–35 17. Anne-Lise Sibony (2015), ‘Can EU Consumer Law Benefit From Behavioural Insights’, in Klaus Mathis (ed.), European Perspectives on Behavioural Law and Economics (Economic Analysis of Law in European Legal Scholarship), Cham, Switzerland: Springer International Publishing, 901–41 C Comparative Consumer Law 18. Geraint Howells and Thomas Wilhelmsson (1997), ‘EC and US Approaches to Consumer Protection – Should the Gap Be Bridged?’ Yearbook of European Law, 17 (1), November, 207–67 19. James Q. Whitman (2007), ‘Consumerism Versus Producerism: A Study in Comparative Law’, Yale Law Journal, 117 (3), December, 340–406 D EU Consumer Policy 20. Jules Stuyck (2000), ‘European Consumer Law After the Treaty of Amsterdam: Consumer Policy in or Beyond the Internal Market’, Common Market Law Review, 37 (2), May, 367–400 21. Stephen Weatherill (2012), ‘The Consumer Rights Directive: How and Why a Quest for “Coherence” Has (Largely) Failed’, Common Market Law Review, 49 (4), June, 1279–317 Contents: Introduction An introduction to both volumes by the editors appears in Volume I PART I INFORMATION AND RIGHT OF WITHDRAWAL 1. William C. Whitford (1973), ‘The Function of Disclosure Regulation in Consumer Transactions’, Wisconsin Law Review, 68 (2), October, 400–70 2. Gillian K. Hadfield, Robert Howse and Michael J. Trebilcock (1998), ‘Information-Based Principles for Rethinking Consumer Protection Policy’, Journal of Consumer Policy, 21 (2), June, 131–69 3. Geraint Howells (2005), ‘The Potential and Limits of Consumer Empowerment by Information’, Journal of Law and Society, 32 (3), September, 349–70 4. Omri Ben-Shahar and Carl E. Schneider (2011), ‘The Failure of Mandated Disclosure’, University of Pennsylvania Law Review, 159 (3), February, 647–749 5. Pamaria Rekaiti and Roger Van den Bergh (2000), ‘Cooling-Off Periods in the Consumer Law of the EC Member States: A Comparative Law and Economics Approach’, Journal of Consumer Policy, 23 (4), December, 371–407 PART II UNFAIR BUSINESS PRACTICES 6. Jules Stuyck, Evelyne Terryn and Tom Van Dyck (2006),’Confidence Through Fairness? The New Directive on Unfair Business-to-Consumer Commercial Practices in the Internal Market’, Common Market Law Review, 43 (1), October, 107–52 PART III UNFAIR CONSUMER TERMS 7. Alan Schwartz and Louis L. Wilde (1983), ‘Imperfect Information in Markets for Contract Terms: The Examples of Warranties and Security Interests’, Virginia Law Review, 9 (8), November, 1387–485 8. Hans Erich Brandner and Peter Ulmer (1991), ‘The Community Directive on Unfair Terms in Consumer Contracts: Some Critical Remarks on the Proposal Submitted by the EC Commission’, Common Market Law Review, 28, October, 647–62 9. Hugh Beale (1995), ‘Legislative Control of Fairness: The Directive on Unfair Terms in Consumer Contracts’, in Jack Beatson and Daniel Friedman (eds), Good Faith and Fault in Contract Law, Chapter 9, Oxford, UK and New York, NY, USA: Oxford University Press, 231–61 10. Hans-W. Micklitz and Norbert Reich (2014),’The Court and Sleeping Beauty: The Revival of the Unfair Contract Terms Directive (UCTD)’, Common Market Law Review, 51 (3), October, 771–808 11. Mindy Chen-Wishart (2014), ‘Regulating Unfair Terms’, in Louise Gullifer and Stefan Vogenauer (eds), English and European Perspectives on Contract and Commercial Law: Essays in Honour of Hugh Beale, Chapter 7, Oxford, UK: Hart Publishing, 105–30 12. Chris Willett (2012), ‘General Clauses and the Competing Ethics of EU Consumer Law in the UK’, Cambridge Law Journal, 71 (2), July, 412–40 PART IV CONSUMER SALES 13. George L. Priest (1981), ‘A Theory of the Consumer Product Warranty’, Yale Law Journal, 90 (6), May, 1297–352 PART V DIGITALISATION 14. Colin Scott (2004), ‘Regulatory Innovation and the Online Consumer’, Law and Policy, 26 (3-4), August, 477–506 15. Natali Helberger, M.B.M. Loos, Lucie Guibault, Chantal Mak and Lodewijk Pessers (2013),‘Digital Content Contracts for Consumers’, Journal of Consumer Policy, 36 (1), March, 37–57 16. Arun Sundararajan (2016),’The Shifting Landscape of Regulation and Consumer Protection’, in The Sharing Economy: The End of Employment and the Rise of Crowd-Based Capitalism, Chapter 6, Cambridge, Massachusetts, MA, USA: MIT Press, 131–58 PART VI CONSUMER CREDIT 17. Iain Ramsay (1995),’Consumer Credit Law, Distributive Justice and the Welfare State’, Oxford Journal of Legal Studies, 15 (2), July, 177–97 18. Udo Reifner (2007), ‘Renting a Slave – European Contract Law in the Credit Society’ in Thomas Wihelmsson, Elina Paunio and Annika Pohjolainen (eds), Private Law and the Many Cultures of Europe, Chapter 17, The Hague: Kluwer Law International, 325–42 19. Toni Williams (2007), ‘Empowerment of Whom and for What? Financial Literacy Education and the New Regulation of Consumer Financial Services’, Law and Policy, 29 (2), April, 226–56 20. Thomas Wilhelmsson (1990), ‘”Social Force Majeure” – A New Concept in Nordic Consumer Law’, Journal of Consumer Policy, 13 (1), March, 1–14 PART VII PRODUCT LIABILITY 21. David G. Owen (1993), ‘The Moral Foundations of Products Liability Law: Towards First Principles’, Notre Dame Law Review, 68 (3), September, 427–506 22. Geraint G. Howells and Mark Mildred (1998), ‘Is European Products Liability More Protective Than the Restatement (Third) of Torts: Product Liability?’, Tennessee Law Review, 65, November, 985–1030 23. Mathias Reimann (2003),‘Liability for Defective Products at the Beginning of the Twenty-First Century: Emergence of a Worldwide Standard?’, American Journal of Comparative Law, 51 (4), October, 751–838 24. Aaron D. Twerski and James A. Henderson Jr. (2009), ‘Manufacturers’ Liability for Defective Product Designs: The Triumph of Risk Utility’, Brooklyn Law Review, 74 (3), December, 1061–108 PART VIII SERVICES OF GENERAL INTEREST 25. Peter Rott (2005), ‘A New Social Contract Law For Public Services? – Consequences from Regulation of Services of General Economic Interest in the EC’, European Review of Contract Law, 1 (3), September, 323–45 Index

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Book SynopsisThe legal issues surrounding the online distribution of content have recently gained prominence due to the European Commission's commitment to the Digital Single Market (DSM). This book is one of the first to provide highly topical analysis of the key legal challenges surrounding the online distribution of content, with particular focus on intellectual property rights, competition law and the regulation of new technologies.Central to the book is the question of whether the Commission's proposed legislative solutions will lead to a more coherent, or more fragmented, legal framework at both EU and member state level. Experts within the field assess how current legislation can be effectively applied and look ahead to examine how potential issues raised by emerging technologies, and the need to develop the online content market beyond the DSM proposal, can be anticipated and addressed.Providing a well-rounded view of the subject, this book will be of interest to scholars working within copyright, competition, and consumer law as well as those researching the development of the internal market more widely. Practising lawyers and in-house counsel who work on licensing and distribution agreements within Europe will also benefit from the analysis of new DSM legislation and associated case studies.Contributors include: A. Alén-Savikko, R.M. Ballardini, M.C. Gamito, K. Havu, K. He, O. Honkkila, M. Kivistö, T. Knapstad, G. Mazziotti, D. Mendis, P. Mezei, V. Moscon, M. Oker-Blom, T. Pihlajarinne, T. Roos, J. Vesala, K. Weckström LindroosTrade Review'This book presents a unique and comprehensive perspective on online content distribution in the Digital Single Market (DSM). It goes beyond the current copyright debates and includes a highly relevant discussion on emerging technologies such as 3D design and AI generated content. It is necessary reading for anyone who is following the efforts in the European Union to adopt a Directive in this field.' --Niklas Bruun, IPR University Center, FinlandTable of ContentsContents: PART I – INTRODUCTION 1. Introduction Taina Pihlajarinne, Juha Vesala, Olli Honkkila PART II - COPYRIGHT AND ONLINE DISTRIBUTION – ON A PATH TO FRAGMENTATION? 2. The DSM Directive: A package (too) full of policies Martti Kivistö 3. Linking and copyright – a problem solvable by functional-technical concepts? Taina Pihlajarinne 4. Neighbouring rights: in search of a dogmatic foundation. The press publishers’ case. Valentina Moscon 5. Meet the Unavoidable - The Challenges of Digital Second-Hand Marketplaces to the Doctrine of Exhaustion Péter Mezei 6. Extended collective licensing and online distribution - prospects for extending the Nordic solution to the digital realm Anette Alén-Savikko and Tone Knapstad 7. Liability and access to contact information: striking the balance when service is used to distribute copyrighted digital content Katja Weckström Lindroos PART III EMERGING TECHNOLOGIES FOR ONLINE DISTRIBUTION – MORE FRAGMENTATION IN THE FUTURE? 8. AI-generated content: authorship and inventorship in the age of artificial intelligence Rosa Maria Ballardini, Kan He and Teemu Roos 9. Winds of change: conceptualising copyright law in a world of 3D models and 3D design files – a perspective from the UK Dinusha Mendis 10. Different aspects of trade mark confusion with respect to distribution of CAD files in the era of 3D printing Taina Pihlajarinne and Max Oker-Blom PART IV - DIGITAL SINGLE MARKET, COMPETITION AND REGULATION 11. Digital single market, digital content and consumer protection – critical reflections Katri Havu 12. Allowing online content to cross borders: is Europe really paving the way for a ‘digital single market’? Giuseppe Mazziotti 13. Achieving a Digital Single Market for online distribution of content: when would extending the Geo-blocking Regulation be justified Juha Vesala 14. Protecting domestic online content distribution in the EU: The impact of geo-blocking and open Internet rules on non-EU over-the-top players Marta Cantero 15. The Internet access provider’s commercial practices under the EU rules on open Internet Olli Honkkila PART V – CONCLUDING REMARKS 16. Concluding remarks Taina Pihlajarinne, Juha Vesala and Olli Honkkila Index

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Book SynopsisSince the adoption of the EU Regulation on Insolvency Proceedings in 2000 and its recast in 2015, it has become clear that lawyers engaged in consumer insolvency proceedings are increasingly expected to have a basic understanding of foreign insolvency proceedings, as well as knowledge of the foreign country's court and legal system, legislation and judicial practice. Written by 50 highly qualified insolvency experts from 30 European countries, A Guide to Consumer Insolvency Proceedings in Europe provides the necessary information in the largest, most up-to-date and comprehensive book on this topic.Assisting the readers in their navigation through the differences, similarities, and peculiarities of insolvency proceedings in all Member States of the European Union, Switzerland and Russia, this book is a unique guide to insolvency proceedings across Europe. With contributions by both academics and practitioners, it provides truly multinational coverage of the economic, legal, social, political, and demographic issues in consumer insolvency. Illustrating the numerous practices across Europe, this book allows the reader to evaluate each aspect both on its own merits, as well as in comparison to the approaches applied in other European jurisdictions.This book will be an invaluable tool for insolvency practitioners, judges, lawyers, creditors and debtors throughout Europe, especially those participating in cross-border proceedings.Contributors include: E. Andreeva, R. Bodis, J. Bojars, C. Booth, D. Cerini, A. Demetriadi, M. Dordevic, K. Farry, O. Fromholdt, E. Fronczak, J. Garasic, D. Grant, R. Harrison, E. Hellstrom, F. Helsen, J.-O. Heuer, V. Hoffeld, P. Jaatinen, G. Janoshalmi, B. Holohan, N. Jungmann, T. Kadner Graziano, S. Kantara, P. Keinert, B. Lurger, M. Melcher, L. Montrasio, J. Morais Carvalho, R. Norkus, A. Orgaard, D. Orsula, G. Piazza, J.P. Pinto-Ferreira, K. Pisani Bencini, M. Porzycki, A. Rachwal, M. Reymond, P. Rubellin, V. Sajadova, P. Sprinz, M.E. Storme, T. Tofaridou, H. Vallender, F.J.A. Varona, I. Venieris, P. Viirsalu, O. Zaitsev, A. Zetko, L.G. ZidaruTrade Review‘This book briefly discussed here will be a very helpful tool for insolvency practitioners and judges. The book may certainly assist policy makers, academics and legislators in at least understanding the different rules and practice and the way countries try to improve the quality of their legal systems.’ -- Bob Wessels blogTable of ContentsContents: Preface Part I COMPARATIVE ANALYSIS Consumer Insolvency Proceedings in Europe: An Introduction to Consumer Over-Indebtedness and Debt Relief Jan-Ocko Heuer 2. Consumer insolvency proceedings: comparative legal aspects Veronika Sajadova Part II COUNTRY REPORTS Structure of Country Reports 3. Austria Martina Melcher and Brigitta Lurger 4. Belgium Matthias E. Storme and Frederic Helsen 5. Bulgaria Emilia Andreeva and ‘Andreeva and Penov’ Law Firm 6. Croatia Jasnica Garašić 7. Cyprus Aquilina Demetriadi, Stalo Kantara and Tania Tofaridou 8. Czech Republic Petr Sprinz 9. Denmark Anders Ørgaard 10. England and Wales Rachel Harrison, edited by David Grant 11. Estonia Veronika Sajadova and Peeter Viirsalu 12. Finland Pekka Jaatinen and Anna-Kaisa Remes 13. France Pascal Rubellin and Christopher Booth 14. Germany Patrick Keinert and Heinz Vallender 15. Greece Iakovos Venieris 16. Hungary Gábor Jánoshalmi, Adrienn Zetkó and Richárd Bódis 17. Ireland Bill Holohan and Keith Farry 18. Italy Diana Cerini, Lorenzo Montrasio and Giulia Piazza 19. Latvia Veronika Sajadova 20. Lithuania Veronika Sajadova, edited by Rimvydas Norkus 21. Luxembourg Véronique Hoffeld and Emilia Fronczak 22. Malta Krista Pisani Bencini 23. The Netherlands Nadja Jungmann and Tamara Madern 24. Poland Marek Porzycki and Anna Rachwał 25. Portugal Jorge Morais Carvalho and João Pedro Pinto-Ferreira 26. Romania Liviu Gheorghe Zidaru 27. Russia Oleg R. Zaitsev 28. Slovakia Dávid Oršula 29. Slovenia Miodrag Dordević 30. Spain Fco. Javier Arias 31. Sweden Erik Hellström 32. Switzerland Michel J. Reymond Index

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Book SynopsisThis second edition of Mis-Selling Financial Services is a practical guide to litigating claims arising from the mis-sale of financial products and services. It covers the history of 'mis-selling' litigation and provides an updated overview of the regulatory landscape and how such claims are formulated, as well as a thorough review of the key issues. The revised chapters give an in-depth analysis of the financial products which most commonly form the subject of such claims, from credit to collective investment schemes.Key Features: Updated with new chapters on Financial Ombudsman Service (FOS) and unfair terms Explanation of the key issues and considerations concerning mis-selling litigation Clear and concise analysis on the law relating to the mis-selling of regulated financial services products Overview of the UK and European regulatory framework governing the sale of financial products, with particular focus on five key product types: credit, mortgages, investments, insurance and collective investment schemes With consideration of key legal and practical concepts and issues, this book is an essential read for practitioners and in-house counsel working in the financial services industry. Academics who are researching within the fields of financial services law or consumer protection will also find this to be an informative text.Table of ContentsContents: 1. Introduction 2. Mis-selling claims 3. Credit 4. Mortgages 5. Insurance 6. Investments 7. Collective investment schemes 8. Unfair contract terms 9. The Financial Ombudsman Service Index

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Book SynopsisThis comprehensive book offers a rigorous analysis of the legal debates, approaches and practice-related issues surrounding financial advice and investor protection. Despite widespread recognition of the importance of financial inclusion more broadly construed, recent financial crises have highlighted deficits in retail investor protection – this book informs the development of robust yet adaptable frameworks to protect investors, including effective enforcement and dispute resolution.Divided into three thematic parts, Financial Advice and Investor Protection begins with a holistic discussion of the subject, including an examination of the impact of relatively recent technical innovations such as robo-advice. The second part evaluates the role of private law in achieving investor protection, considering in particular how tort law, contract law and equity allocate risk and liability for investment advice. Finally, the book outlines the investor protection frameworks in the jurisdictions of six significant financial centres.This book will be a crucial read for various stakeholders in the investor protection debate including practitioners advising clients who work in this field, particularly across several of the jurisdictions covered, as well as policymakers interested in the development of law and regulation in this area. Scholars and students of financial law will also benefit from its comprehensive and critical treatment of the subject.Trade Review'Financial Advice and Investor Protection, edited by Sandra Booysen of NUS Law Faculty, goes to the heart of law’s concern with finance: the investment decision. This excellent book covers every important angle of the investment decision: information provided, duties of advisors, investor skill and status-based regulation, and available remedies. The examination takes place with local expertise in six major jurisdictions, and the regulatory framework is then reevaluated for the challenges of Fintech and increasing automation.' -- David Donald, The Chinese University of Hong Kong, Hong KongTable of ContentsContents: Foreword by Peter Ellinger xiv Preface xvi PART I INTRODUCTION 1 Financial advice and investor protection: a comparative overview 2 Sandra Booysen 2 Robo financial advice: the new frontier 19 Yaru Chia PART II THE PRIVATE LAW 3 Tort law as regulation in the financial industry 39 Christian Witting 4 Financial advice and the duty to advise 64 Sandra Booysen 5 Non-reliance clauses, entire agreement clauses and contractual estoppel 84 Hugh Beale QC FBA with Georgia Palmer 6 Banks, financial intermediaries and fiduciary duties 106 Gerard McMeel QC 7 Causation, remoteness and calculation of damages for financial mis-selling 130 Katy Barnett PART III A JURISDICTIONAL PERSPECTIVE 8 From disclosure to design: the Australian regulatory response to mis-selling to consumer investors by financial services providers 165 Jeannie Marie Paterson 9 China: confronting a growing wealth management sector 190 Alex Zhou Qin 10 Hong Kong: balancing laissez-faire and investor protection 214 Carrie Ding Chunyan and John Ho 11 Singapore: boosting regulation to protect vulnerable investors 237 Dora Neo 12 The United Kingdom: the primacy of regulation in protecting the retail investor 261 Keith Stanton 13 The United States of America: shifting conduct standards for retail investment advice 284 Mercer Bullard Bibliography Index

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Book SynopsisThis book is the leading account of contract law in England and Wales in relation to implied terms. Implied terms are not only frequently of great importance in litigation, but can assist business parties in planning contracts effectively by allowing them to identify issues over which they do not need to negotiate because they would be content with the terms the law would imply. Distinct commercial advantages of this approach can include savings of management time in negotiating and avoiding trade-off costs demanded by counterparties in exchange for agreeing an express term.This Third Edition has been carefully revised and updated to cover recent developments in the law. Key features include: detailed analysis of the leading cases on contractual terms implied at common law, by statute, by custom, trade usage, course of dealing and in fact. a new section on relational contracts following the case of Yam Seng Pte Ltd v. International Trade Corporation Ltd and its subsequent judicial treatment. This new edition will be an invaluable and appealing resource for all legal practitioners, both in practice and in-house, involved in contract drafting and contract negotiations. It also acts as a helpful reference for scholars and students in the field of contract law.Table of ContentsContents: Preface to First Edition Preface to Second Edition Preface to Third Edition Table of cases Table of statutes and statutory instruments 1 Introduction 2 Some theoretical considerations 3 Terms implied at common law I: general principles 4 Terms implied at common law II: specific instances 5 Terms implied by custom, usage or course of dealing 6 Terms implied by statute 7 Terms implied in fact Bibliography Index

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Book SynopsisSince the introduction of the European Unfair Contract Terms Directive (UCTD), there have been far-reaching developments in the digital landscape which have significantly altered the nature of consumer contracts. This timely book examines the changes that have taken place since the advent of the UCTD and analyses the challenges that they pose for consumers entering online standard form contracts today.Illuminating the ways in which digital technology has revolutionised markets and caused a growing number of traders to transition to online business models, Unfair Contract Terms in the Digital Age assesses how the modern contracting landscape adversely impacts consumers. Chapters explore the manifold risks of digitalisation, addressing issues from the lack of transparency of website terms and conditions to the new reach of mass market operators exerting control over European consumers. Against the backdrop of this digital transformation, the book evaluates the key features of the UCTD, questioning whether the Directive can adequately protect Europe’s online consumers and counter the perils of unfair terms in standard form contracts. This cutting-edge book is an invaluable resource for scholars and students of consumer law, regulation, and public policy. Policy-makers in EU institutions will also benefit from its assessment of unfair terms law in the digital era.Trade Review‘An excellent, timely and thought-provoking piece of scholarship which provides an essential and very welcome addition to the consumer law library.’ -- James Devenney, University of Reading, UK‘Unfair Contract Terms in the Digital Age offers an excellent critical perspective on adaptation and suitability of the impactful rules on unfair contract terms to respond to the challenges brought by digitalisation of the market. A must-read for every consumer, contract and digital law scholar and practitioner.’ -- Mateja Durovic, King’s College London, UK‘Besides a thorough basis for the study of unfair terms legislation in Europe, and arguments for the improvement thereof, this book offers valuable insights in how the underdeveloped transparency requirement could fulfill a pivotal role in protecting online consumers.’ -- Marco Loos, University of Amsterdam, the Netherlands‘Building on an insightful and clear explanation of the law of unfair terms in the online context, this work proposes practical ways to make the legal controls more effective and consistently applied.’ -- Geraint Howells, University of Manchester, UKTable of ContentsContents: Introduction to Unfair Contract Terms in the Digital Age PART I STANDARD FORM CONTRACTS AND ‘UNFAIRNESS’ UNDER THE UCTD 1. Standard form consumer contracts: the background and context 2. The UCTD: background and scope 3. Unfairness under the UCTD and recommendations for a more uniform European Standard PART II THE UCTD AND TRANSPARENCY IN ONLINE CONTRACTS 4. The transparency principle of the UCTD 5. Transparency and the online consumer PART III ENFORCEMENT UNDER THE UCTD AND SUGGESTIONS FOR A REVISED EU-LEVEL APPROACH 6. Enforcement under the UCTD: challenges and limitations 7. The CPC Network and a positive enforcement approach Bibliography Index

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Book SynopsisThis book studies three interrelated frontiers in civil justice from European and national perspectives, combining theory with policy and insights from practice: the interplay between private and public justice, the digitization of justice, and litigation funding. These current topics are viewed against the backdrop of the requirements of effective access to justice and the overall goal of establishing a sustainable civil justice system in Europe.With perspectives from an impressive selection of contributors the book takes on a pan-European perspective and zooms in on several European jurisdictions, thereby providing a holistic exploration of current civil justice debates and frontiers. It includes chapters dedicated to the interaction between public and private justice, the digitisation of both private dispute resolution and court litigation, including the rapid development and use of advanced forms of Artificial Intelligence, and the funding of justice, especially collective actions and settlements by means of private funding and common funds.Addressing these key issues in the current European debate on civil justice, this book will be an ideal read for academics and policy makers interested in the most recent frontier developments and innovations. Legal practitioners will also benefit from the insight into complex topics such as litigation funding, legal conflicts in a digital age, and resolving disputes in a private setting.Trade Review‘This truly topical book explores three new frontiers on the route to an efficient, cost-effective, and fair dispute resolution system adjusted to the needs of the 21st century. One of the most innovative teams of European researchers led by Xandra Kramer continues to build bridges between the old topic of access to justice and exciting contemporary challenges.’ -- Alan Uzelec, Zagreb University, Croatia‘Frontiers in Civil Justice is the fruit of a five-year project examining innovation and access to justice. Ranging from ADR, to digital justice and AI’s potential role in delivering justice, to the perennial topic of collective redress, each chapter is insightful and thought-provoking. This is a richly detailed work that repays careful study.’ -- John Sorabji, University College London, UK‘Frontiers in Civil Justice provides a fulsome account of contemporary European directives, initiatives, and case law aiming to revamp the modes by which claimants can seek remedies. Readers learn of an array of initiatives – from funding for collective redress to mandates that individuals use web-based alternatives to courts. The authors illuminate debates about whether and how these innovations can produce fair decisions and about how the public will be able to understand their import and impact.’ -- Judith Resnik, Yale Law School, USTable of ContentsContents: Preface xii 1 Frontiers in civil justice – privatising, digitising and funding justice 1 Xandra Kramer, Jos Hoevenaars and Erlis Themeli PART I ADR AND THE COURTS – SHAPING THE INTERACTION BETWEEN PUBLIC AND PRIVATE JUSTICE 2 The untapped potential of a structured interaction between courts and ADR for the resolution of consumer disputes in the EU 22 Betül Kas 3 Formal and informal justice in Belgium 40 Stefaan Voet 4 Formulating a more principled approach to ADR within the English civil justice system 61 Masood Ahmed 5 Alternative dispute resolution, justice and accountability in Norwegian civil justice 81 Anna Nylund PART II DIGITSING PRIVATE AND PUBLIC JUSTICE 6 The frontiers of digital justice in Europe 102 Erlis Themeli 7 AI and access to justice: An expansion of Adrian Zuckerman’s findings 121 Nicolas Kyriakides, Anna Plevri and Yomna Zentani 8 Automating due process – the promise and challenges of AI-based techniques in consumer online dispute resolution 142 Martin Ebers 9 E-negotiation in the EU: Current experiences, challenges, and new scenarios 169 Marco Giacalone and Seyedeh Sajedeh Salehi 10 Unpacking content moderation: The rise of social media platforms as online civil courts 193 Catalina Goanta and Pietro Ortolani 11 Access to digital justice: In search of an effective remedy for removing unlawful online content 218 Naomi Appelman, Joanna van Duin, Ronan Fahy, Joris van Hoboken, Natali Helberger and Brahim Zaroual PART III COLLECTIVISING AND MONETISING CIVIL LITIGATION 12 Dutch collective actions and the rise of entrepreneurial actors: Navigating between access to justice and a claim culture 239 Ilja Tillema 13 German collective actions – is litigation funding in a dead end? 260 Astrid Stadler 14 Transparency and oversight of class actions funding in Canada 277 Catherine Piché Index

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Book Synopsis‘Passing-on’ occurs when harm or loss incurred by a business is passed on to burden that business’s customers or the next level of the supply chain. In this thoroughly revised and updated second edition, the authors provide the only available comprehensive examination of passing-on in damages and restitution under EU law. The analysis covers a broad range of contexts including competition damages and the repayment of charges.The book offers a systematic examination of the key questions facing parties in a passing-on situation: When can downstream claimants bring an action? How can claimants demonstrate sufficient proximity to the original harmful act or unjustified transaction? Will the possibility of passing-on be relevant to the estimation of the award? These questions are assessed for actions against the EU, a Member State and private individuals.Key Features: A specific focus on EU law and guidance that will be relevant to lawyers throughout the EU A multi-faceted and fully contextualised analysis of the defence of passing-on and the position of potential claimants downstream in the supply chain Practical suggestions for consistent approaches to passing-on in EU law across existing and future contexts Extensive updates comprising new case law and materials across all contexts examined An expansion of discussions to encompass crucial new developments since the first edition of the book This magisterial work is an invaluable point of reference for practitioners working in damages and restitution law, but also in other fields of commercial law, including competition law and consumer law. Legislators and policy-makers in the EU and beyond will also benefit from the lucid analysis of the various policy choices made in the EU and US.Table of ContentsContents: Preface PART I INTRODUCTION AND BACKGROUND 1 Introduction to the passing-on problem under EU law 2 Effective judicial protection in EU law PART II PASSING-ON IN ACTIONS AGAINST THE EU 3 Passing-on in damages from the EU 4 Passing-on in other actions against the EU? PART III PASSING-ON IN ACTIONS AGAINST A MEMBER STATE 5 Passing-on in restitution from a Member State 6 Passing-on in damages from a Member State? PART IV PASSING-ON IN HORIZONTAL ACTIONS 7 Passing-on in competition damages 8 Passing-on in other horizontal actions? PART V PERSPECTIVES AND CONCLUSIONS 9 Comparison and analysis Index

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Book SynopsisThis book explores the complex interactions between debt and austerity, analysing the social, economic, and legal implications of governments’ responses to the 2008 financial crisis. Demonstrating how the nature of debt for those on low incomes has changed radically over the last decade, the chapters provide insight into how structural inequality was exacerbated by changes in the redistributive state, the legal system, and the welfare system. The examination occurs on a number of levels and these issues are explored through the lens of power, place, and class. The authors utilize both international case studies and 'on the ground' experiences, reviewing the role of high cost credit, bailiffs, local governments, bankruptcy, and debt advice. Through the analysis of the nature and structure of debt in specific countries, it highlights important lessons for a global audience. This unique book offers a broad, multi-faceted insight into the issue of low-income debt which will greatly benefit academics in law, social policy, geography, and economics. Its focus on practical steps and potential reforms, as well as contributions from third sector organizations, will also interest practitioners, policymakers, and NGOs.Trade Review‘The book is brilliant for illuminating the crush and bind of debt for low-income individuals in otherwise high-income British society since the advent of post-2008 austerity. Far from a unique and cloistered experience of the unlucky or undeserving, the book makes clear how gripping debt will remain without a range of urgently needed policy changes. These chapters will be indispensable reading for students, scholars, civil society, and, one desperately hopes, policy makers.’ -- Heather Whiteside, Economic Geography‘As problems of debt and overindebtedness loom large in the wake of the Coronavirus pandemic, this rich and interdisciplinary collection of essays provides timely insights into the theoretical, policy and practical issues in addressing problems of debt and low income in contemporary society.’ -- Iain Ramsay, University of Kent, UK'As problems of debt and overindebtedness loom large in the wake of the Coronavirus pandemic, this rich and interdisciplinary collection of essays provides timely insights into the theoretical, policy and practical issues in addressing problems of debt and low income in contemporary society.'Table of ContentsContents: Foreword xv Acknowledgements xviii PART I NATURE OF THE PROBLEM 1 Understanding low-income debt in a high-income country 2 Mia Gray, Katharina Möser and Jodi Gardner 2 Mortgage debt in an age of austerity 30 Susan J. Smith 3 Debt begets debt: public and private debt in austerity Britain 46 Mia Gray 4 Austerity and financial safety nets: bankruptcy abuse prevention and bank protection in Irish post-crisis policy? 69 Joseph Spooner 5 The changing infrastructure of debt relief: privatisation, bureaucracy and public choice 94 Katharina Möser 6 ‘I just felt responsible for my debts’: debt stigma and class (ificatory) exploitation 125 Matthew Sparkes 7 Austere social reproduction and the gendered geographies of debt 151 Sam Strong PART II NATURE OF THE SOLUTION 8 The poverty premium and debt 175 Sara Davies and Andrea Finney 9 High-cost credit in the UK: what’s the problem and how should policy respond? 194 Karen Rowlingson 10 The rise and rise of affordability complaints 219 Sara Williams 11 Consumer debt problems and the image of the consumer in Swedish consumer credit regulation 240 Ann-Sofie Henrikson 12 Partnering to address financial exclusion in Australia 260 Jordan Grace 13 Relief from austerity: the case for a targeted write-off of the UK’s household debt stock 280 Johnna Montgomerie 14 Austerity, inequality and high-cost credit: understanding the role of a social minimum 299 Jodi Gardner Index

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Book SynopsisThis comprehensive and essential Commentary examines both the origins and effect of the EU’s 2015 Payment Services Directive (PSD2). Addressing a significant gap in the available literature, the book is divided into two parts: Part I analyses the legislative provisions of the Directive, while Part II explores the PSD2 implementation experience in selected EU Member States as well as in the United Kingdom.Table of ContentsContents: Foreword: Introduction to the PSD2 Commentary xxvi Acknowledgements xxviii PART I 1 Introduction to The Payment Services Directive II: A Commentary 2 Gabriella Gimigliano and Marta Božina Beroš 2 Title I: ‘Subject matter, scope and definitions’ (Art. 1–Art. 4): The regulated field (object and subject) 5 Benjamin Geva 3 Title II, Chapter 1, ‘Payment institutions’ (Arts 5–21) 31 Ciro G. Corvese 4 Title II, Chapter 1, Section 3–4, ‘Competent authorities and supervision’ (Arts 22–30), ‘Exemptions’ (Arts 31–34) 66 Marta Božina Beroš 5 Title II, Chapter 2, ‘Common Provisions’ (Arts 35–37) 86 Nikita Divissenko and Gabriella Gimigliano 6 Title III, Chapters 1, 2, 3 (Arts 38–58) 103 Gabriella Gimigliano 7 Title III, Chapter 4 (Arts 59–60) 122 Noah Vardi 8 Title III, Chapter 1 (Arts 61–63) 133 Gabriella Gimigliano 9 Title III, Chapter 2, ‘Authorisation of payment transactions’ (Arts 64–77) 146 Gabriella Gimigliano 10 Title IV, Chapter 3, ‘Rights and obligations in relation to the provision and use of payment services: execution of payment transactions’ (Arts 78–93) 163 Benjamin Geva Nikita Divissenko 12 Title IV, Chapter 5, ‘Operational and security risks and authentication’ (Arts 95–98) 190 Ruth Wandh.fer 13 Title IV, Chapter 6, ‘ADR procedures for the settlement of disputes’ (Arts 99–103) 210 Arno R. Lodder 14 Title IV, ‘Delegated acts and regulatory technical standards’ (Arts 104–106) 223 Martin Miernicki 15 Title VI, ‘Final provisions’ (Arts 107–117) 232 Gabriella Gimigliano PART II 16 Implementation of the PSD2 in Austria 246 Martin Miernicki 17 Transposition of the PSD2 into Croatian national legislation 265 Ivana Parać Vukomanović 18 Transposition of PSD2 into Czech law 283 Petr Kot.b, Jiř. Moravec and Jan Škrabka 19 PSD2 implementation in Estonia 305 Nikita Divissenko 20 Implementation of the PSD2 in Finland: a Nordic view on payment services regulation 319 Jyri Ter.maa 21 The transposition of the PSD2 into French law 338 Evelina Gratianu and Myriam Roussille 22 Transposition of PSD2 into German law with special consideration of the regulatory and civil law changes 357 Christian Conreder 23 The transposition of the PSD2 in Italy: policies and rules 387 Costanza Iacomini and Simone Mezzacapo 24 Spain’s implementation of PSD2 408 Fernando Zunzunegui 25 PSD2, Brexit and the financial regulation of payment systems in the UK 426 Daniele D’Alvia, Katrien Morbee and Rodrigo Olivares Caminal Appendix 445 Index

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Book SynopsisThis new edition continues to provide a critical introduction to the legal regulation of consumer markets, situating it within the context of broader debates about rationales for regulation, the role of the state and the growth of neo-liberalism. It draws on interdisciplinary sources, assessing, for example, the increased influence of behavioural economics on consumer law. It analyses the Europeanisation of consumer law and the tensions between neo-liberalism and the social market, consumer protection and consumer choice, in the establishment of the single market ground rules. The book also assesses national, regional and international responses to the world financial crisis as reflected in the regulation of consumer credit markets. This edition incorporates recent legislative and judicial developments of the law, blending substantial extracts from primary UK, EU and international legal materials.Trade Review... engaging and thought provoking consideration of the role of consumer law, its influences and its future. Readers looking for a critical account of the role of consumer law and policy need note look any further. Ramsay's arguments are balanced, often compelling and sometimes controversial. Consumer Law and Policy... also includes a number of excellent extracts allowing the reader to quickly undertake further research... a wonderful addition to any consumer lawyer's library. * Student Law Journal *Table of Contents1 SETTING THE CONTEXT 2 RATIONALES FOR CONSUMER LAW AND POLICY 3 FRAMEWORKS AND FORMS OF REGULATION OF CONSUMER MARKETS 4 THE REGULATION OF DECEPTIVE AND UNFAIR COMMERCIAL PRACTICES 5 IMPLEMENTATION AND ENFORCEMENT OF UNFAIR COMMERCIAL PRACTICES LAW 6 STANDARD FORM CONSUMER CONTRACTS AND THE SEARCH FOR FAIRNESS 7 REGULATION OF CONSUMER CREDIT MARKETS 8 QUALITY REGULATION AND POST-PURCHASE QUALITY PROBLEMS 9 PRODUCT SAFETY REGULATION

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Book SynopsisThis insightful book considers phenomena such as mass torts, which affect numerous victims, and complex insolvency cases, which concern multiple and often competing interests. The editors identify and respond to the need for reflection on the notion of 'mass justice'. The assembled contributors show that while private law is usually debated in terms of individual rights and duties, the reality is that these are deeply influenced by collective issues. They address examples such as the operation of class actions; the availability of insurance funds; the logistics of negotiating with and compensating a wide range of individuals; as well as distribution of assets in insolvency proceedings. This unique and detailed book will appeal to academics and students of private law as well as those with an interest in law and society. Scholars from non-law disciplines with an interest in insurance and liability will also find this study thought-provoking, as will practitioners and policy makers.Contributors: Z. Even, C. Hodges, G. Howells, E. Kocher, R. Lee, R. Merkin, D. Milman, R.A. Nagareda, W. Oosterveen, A. Stadler, R. Stech, J. Steele, W.H. van Boom, F.M.J. VerstijlenTrade ReviewClaims for compensation in private law are traditionally categorised and considered as individual rights but, as this set of essays demonstrates, increasingly in practice they develop into collective claims. The problems this poses, and the variety of solutions available to deal with them, are expertly analysed across different legal systems. A publication of immense importance, for policymakers and practitioners alike. --Anthony Ogus, The University of Manchester, UKMass Justice is an interesting volume which Edward Elgar saw the wisdom of publishing since, in the United Kingdom, there is not much legal activity as regards class actions, unlike in the United States. --Sally Ramage, The Criminal LawyerTable of ContentsContents: 1. Mass Justice and its Challenges Jenny Steele and Willem H. van Boom 2. Mass Resolution of Mass Torts: Emerging Issues in the United States and the Global Future Richard A. Nagareda 3. Cy-près for Consumers: Ensuring Class Action Reforms Deal with ‘Scattered Damages’ Geraint Howells 4. Cross-border Mass Litigation: A Particular Challenge for European Law Astrid Stadler 5. Objectives, Mechanisms and Policy Choices in Collective Enforcement and Redress Christopher Hodges 6. Collective Rights and Collective Goods: Enforcement as Collective Interest Eva Kocher 7. Access to Environmental Justice in England and Wales: Funding Representation for Court Reviews of Administrative Action Robert Lee and Radoslaw Stech 8. Promoting Distributional Justice on Corporate Insolvency in the 21st Century David Milman 9. Dealing with Damages in Insolvency: The Insolvency Administrator’s Collective Claim for Damages versus Individual Claims of Creditors Frank M.J. Verstijlen 10. Historic Asbestos Exposure and Liability Insurance: Issues of Aggregation and Reinsurance Rob Merkin and Jenny Steele 11. The International Oil Pollution Compensation Funds and Dealing with the Masses Willem Oosterveen 12. Representation in Collective Bargaining on Employment Conditions in the Netherlands Zef Even Index

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Book Synopsis

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Book Synopsis

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Book SynopsisFor a long time, blockchain technology was only used as a synonym for Bitcoin. At the same time, the sharing economy became a mass business and the subject of regulatory attention through representatives such as Airbnb und Uber. In the meantime, more and more business models based on blockchain technology are also developing in the sharing economy. It raises the question of regulatory requirements for these businesses. Kai Hindahl examines this question on the basis of examples of decentralized applications.

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Book SynopsisGeneral Assembly resolution 70/186 mandates the Intergovernmental Group of Experts on Consumer Protection Law and Policy to conduct voluntary peer reviews on consumer protection law and policy. The purpose of voluntary peer reviews in this field is to provide an external and independent assessment of the effectiveness of consumer protection law and policy in a given country; to identify the challenges to be addressed and areas to be improved in the legal and institutional frameworks, thereby contributing to enhancing quality, efficiency and consumer protection regimes; to assess the consumer protection awareness of relevant stakeholders and their contributions in this area; to formulate and recommend appropriate measures, designed in consideration of the economic and developmental particularities of each country, to address these challenges; and, where appropriate, to assist countries in implementing the recommendations by developing a capacity-building project in consultation with the country concerned. The present publication serves as basis for the Voluntary Peer Review on Consumer Protection Law and Policy of Chile

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