Refining the Right to Information in Vietnamese Consumer Law: Insights from Australia

2021 ◽  
Vol 16 (1) ◽  
pp. 61-83
Author(s):  
Lam Uyen Lu ◽  
Niloufer Selvadurai
Keyword(s):  
Consumer Protection ◽  
Critical Role ◽  
Consumer Welfare ◽  
Regulatory Framework ◽  
Law Reform ◽  
Legal Systems ◽  
Consumer Law ◽  
Similarities And Differences ◽  
Right To Information ◽  
The Right

AbstractIn upholding a consumer's right to information, regulations prohibiting misleading or deceptive conduct perform a critical role in supporting consumer welfare and encouraging equity in business and commerce. While Vietnam enacted a Law on Consumer Protection in 2010, its provisions in this area are limited in ambit and application. In order to improve the effectiveness of a consumer's right to information in Vietnam, it is useful to examine the Australia Consumer Law which has a sophisticated regulatory framework in this area. By comparing the laws prohibiting misleading or deceptive conduct in the Vietnamese Law on Consumer Protection and the Australia Consumer Law, this article identifies certain similarities and differences between the two legal systems, thereby clarifying shortcomings that can lead to inadequacies and inefficiencies of this area of the law and providing a platform for law reform in Vietnam.

scholarly journals Planned obsolescence and consumer protection

2019 ◽  
Vol 11 (2) ◽  
pp. 153-176
Author(s):  
Ana Clara Azevedo de Amorim
Keyword(s):  
Consumer Protection ◽  
Comparative Law ◽  
Point Of View ◽  
Legal Systems ◽  
Planned Obsolescence ◽  
Right To Information ◽  
The Right

Purpose – The text addresses the problem of planned obsolescence from the point of view of consumer protection, based on the decisions of Autorità Garante della Concorrenza e del Mercato which condemned Samsung and Apple on the grounds of the prohibition of unfair commercial practices. It aims to consider the scope of the applicable similar norms in Portuguese and Brazilian legal systems. Methodology – Analysis of the grounds relied on those decisions, as well as the relevant doctrine regarding planned obsolescence and consumer protection from a comparative law perspective. Findings – The text demonstrates which norms can ensure consumer protection in the case of technical or functional planned obsolescence, especially considering the communication dimension, which focuses on the right to information.

scholarly journals Consumer Protection on Nonofficial Drugs Case in Indonesia: How Far the Legal Protection is?

2021 ◽  
Vol 7 (4) ◽  
pp. 459-472
Author(s):  
Chatrin Intan Sari
Keyword(s):  
Consumer Protection ◽  
Research Method ◽  
Legal Protection ◽  
Illegal Drugs ◽  
Know How ◽  
Consumer Law ◽  
Consumer Rights ◽  
The Government ◽  
The Right

The purpose of this study is to know how the legal protection for consumers on the circulation of illegal drugs and how the accountability of business actors on the circulation of illegal drugs. By using normative juridical research method this study found that the legal protection to consumers on the circulation of illegal drugs conducted by the government through the Agency of Drugs and Food. The Agency highlighted that the attention that the government has run its supervision. In addition, the protection of consumer law arising from the existence of rights and obligations set forth in Article 4 letters a and c, article 7 letters a and d, article 8 paragraph 1 letter a, d and e of Law Number 8 Year 1999 concerning Consumer Protection. The fulfilment of consumer rights over security, the right to be heard, the correct, clear, and honest information regulated in the UUPK is still not fulfilled. Article 98 paragraph 2, Article 106 paragraph 1 and 2 of Law Number 36 Year 2009 on Health. The business actor is responsible as the manufacturer of the goods because the importer of the goods is not an agent or official importer. The business actor who is an individual shall be liable for the losses incurred even if only as an importer not as a producer of the goods. 

Enhancing Sustainable Consumption in China: A Seafood Example

2021 ◽  
Vol 5 (2) ◽  
pp. 172-198
Author(s):  
Juan He
Keyword(s):  
Supply Chain ◽  
Sustainable Consumption ◽  
Purchasing Decisions ◽  
Chinese Consumers ◽  
Consumer Law ◽  
Sustainable Seafood ◽  
Legal Entitlement ◽  
Right To Information ◽  
Willingness To Purchase ◽  
The Right

Abstract In recent years, market surveys on sustainable seafood consumption have analysed Chinese people’s willingness to purchase ecolabelled seafood produced and imported into China. Endogenous and exogenous determinants are thereby unveiled to explore Chinese consumers’ sustainability consciousness, purchasing decisions, and the means of bridging the divide. This article builds upon and adds to these empirical findings with a market-based and information lens. It draws inspiration from analysing the growing interest of younger and middle-class consumers in acquiring seafood information; integrative sourcing and marketing strategies of intermediary businesses to deliver such information; and awakening of public regulators to the imperative of realizing the right to information of less-informed parties. Instead of segregating these stakeholders along a linear supply chain, the study emphasizes the deepening of a consumer-centric information network underpinned by supply chain transparency and traceability. It thus aims to inform a steady shift from a production-oriented to a consumer-oriented seafood management paradigm through systematic reforms of China’s consumer law. To encourage and empower sustainable consumption, the ‘consumer’ notion needs proper broadening and consumers’ right to know should be recognized as a judicial and self-contained legal entitlement with enforcement safeguards.

scholarly journals A Submission to the Productivity Commission Inquiry on the Right to Repair

2021 ◽  
Author(s):  
Matthew Rimmer
Keyword(s):  
Environmental Law ◽  
Policy Issue ◽  
Holistic Approach ◽  
Law Reform ◽  
Discussion Paper ◽  
Draft Report ◽  
Consumer Law ◽  
Productivity Commission ◽  
Development Goals ◽  
The Right

EXECUTIVE SUMMARYThe Productivity Commission is to be congratulated for producing a comprehensive discussion paper on the complex and tangled topic of the right to repair. Taking an interdisciplinary, holistic approach to the issue, the Productivity Commission shows a strong understanding that the topic of the right to repair is a multifaceted policy issue. Its draft report covers the fields of consumer law, competition policy, intellectual property, product stewardship, and environmental law. The Productivity Commission displays a great comparative awareness of developments in other jurisdictions in respect of the right to repair. The policy body is also sensitive to the international dimensions of the right to repair – particularly in light of the United Nations Sustainable Development Goals. The Productivity Commission puts forward a compelling package of recommendations, which will be useful in achieving law reform in respect of the right to repair in Australia.

CONSUMER PROTECTION AND ITS IMPACT ON INTERNATIONAL LOGISTICS

2020 ◽  
Author(s):  
M. S. Port
Keyword(s):  
Consumer Protection ◽  
Goods And Services ◽  
Basic Rights ◽  
Right To Information ◽  
The Right ◽  
Judicial Protection ◽  
Functional Areas

The paper considers the basic rights of consumers who purchase goods and services (the right to information, the right to safety and proper quality of purchased goods and services, the right to compensation for damages and judicial protection, the right to exchange goods or return them), and also reflects their impact on the functional areas of international logistics

22. European consumer law

2020 ◽  
pp. 704-730
Author(s):  
Geraint Howells
Keyword(s):  
Consumer Protection ◽  
Negative Impact ◽  
Product Liability ◽  
Product Safety ◽  
Consumer Law ◽  
Eu Legislation ◽  
European Consumer ◽  
Unfair Terms ◽  
The Right ◽  
Right Of Withdrawal

This chapter examines EU consumer law. It discusses the negative impact of EU law on national consumer protection rules; rules on information duties (including the duty to not mislead) and the right of withdrawal; rules establishing consumer expectations; rules on product safety and product liability; and rules on unfair terms and sale of goods. The chapter also covers EU legislation providing general substantive rights; enforcement of consumer protection rules; and consumers’ right of private redress.

scholarly journals Protecting Consumer Protection

2018 ◽  
Vol 49 (2) ◽  
pp. 259 ◽  
Author(s):  
Jessica C Lai ◽  
Samuel I Becher
Keyword(s):  
Consumer Protection ◽  
Country Of Origin ◽  
Unintended Consequences ◽  
Fair Trading ◽  
Consumer Law ◽  
The Right

Recent consumer law cases are shaping consumer law in an unwarranted way. The courts have acknowledged the importance of advancing consumer law and protecting consumers, however, upon closer examination it is questionable whether courts are employing the right framework, tools and considerations. By analysing recent country of origin cases this article identifies some potentially worrying ways in which the courts have eroded consumer law rather than strengthening it. In particular, such cases allow the proprietary interest of goodwill to creep into the Fair Trading Act 1986 (FTA). Doing so, even if only at the stage of determining the penalty to be imposed, may shift the dial further towards the Fair Trading Act (FTA) being a means for protecting traders' interests. This, in turn, may lead to negative unintended consequences. 

23. European consumer law

2017 ◽  
Author(s):  
Geraint Howells
Keyword(s):  
Consumer Protection ◽  
Negative Impact ◽  
Product Liability ◽  
Product Safety ◽  
Consumer Law ◽  
Eu Legislation ◽  
European Consumer ◽  
Unfair Terms ◽  
The Right ◽  
Right Of Withdrawal

This chapter examines EU consumer law. It discusses the negative impact of EU law on national consumer protection rules; rules on information duties (including the duty to not mislead) and the right of withdrawal; rules establishing consumer expectations; rules on product safety and product liability; and rules on unfair terms and sale of goods. The chapter also covers EU legislation providing general substantive rights; enforcement of consumer protection rules; and consumers’ right of private redress.

Consumer Protection under Saudi Arabia Law

2014 ◽  
Vol 28 (2) ◽  
pp. 158-175 ◽  
Author(s):  
Aidh Sultan Albaqme
Keyword(s):  
Saudi Arabia ◽  
Consumer Protection ◽  
Islamic Law ◽  
Critical Role ◽  
Legal Systems ◽  
Western Nations

The development of consumer protection laws in Saudi Arabia is of great significance because of the critical role that the Kingdom plays in the Gulf-Corporation Council Alliance and the fact that not many studies have been conducted on the issue of consumer protection in the Kingdom. Therefore, this article will analyse Islamic (Sharī‛ah) law as the foundation of consumer protection in Saudi Arabia and also focus on the development of consumer protection under Islamic law. The article will also compare Islamic law with other legal systems that are applied in Western nations with regard to consumer protection and advertising. Finally, the article will focus on the importance of Islamic law as a tool to ensure that the rights of consumers are respected and that adherence to religion is guaranteed.

Treaties and Changed Circumstances (Rebus Sic Stantibus)

1967 ◽  
Vol 61 (4) ◽  
pp. 895-922 ◽  
Author(s):  
Oliver J. Lissitzyn
Keyword(s):  
Practical Importance ◽  
Status Quo ◽  
Legal Systems ◽  
Similarities And Differences ◽  
The Right

The problem of a state’s right to cease or limit its performance of the provisions of a treaty on the ground that circumstances have changed is an old one. After centuries of doctrinal discussion, the existence, scope and modalities of such a right remain controversial and perplexing. Its practical importance may at times be exaggerated; but nations dissatisfied with the status quo continue to regard it as a welcome device for escaping from burdensome treaties, while others fear it as a threat to stability and to their interests. Terminology has complicated the problem. Scholars, in efforts to define the asserted right and its scope or to provide a doctrinal basis for its modalities, have resorted to numerous technical labels drawn largely from municipal legal systems. Governments, in asserting the right, have variously employed or refrained from employing such terms as rebus sic stantibus. Terminological diversity has sometimes served to obscure substantive similarities and differences in practice and to divert the attention of scholars from underlying community interests and policies.

Sign in / Sign up

Export Citation Format

Share Document