INTERNATIONAL CONSUMER'S LAW Chapter 3

INTERNATIONAL
CONSUMER’S LAW
Chapter 3
MAEREENYLL M. ONIFA
Instructor
JOHN F. KENNEDY
US PRESIDENT
“ALL OF US ARE CONSUMERS. ALL OF
US DESERVE THE RIGHT TO BE
PROTECTED FROM FRAUDULENT OR
MISLEADING ADVERTISEMENTS AND
LABELS THE RIGHT TO BE PROTECTED
AGAINST UNSAFE OR WORTHLESS
DRUGS IN OTHER PRODUCTS, THE
RIGHT TO CHOOSE FROM A VARIETY OF
PRODUCTS AT COMPETITIVE PRICES”.
2
WHY IS
CONSUMER
LAW
Insert Image
IMPORTANT
?
WHAT IS CONSUMER LAW?
WHO ARE THE CONSUMERS?

4
CONSUMER LAW
IT INVOLVES ALL OF THE REGULATIONS AND

STATUTES THAT SEEK TO CREATE A MORE
EQUITABLE BALANCE FOR BUYERS IN THE
MARKETPLACE AND PREVENT SELLERS FROM
USING DISHONEST TACTICS.
WAS PROPOSED IN 1962.
Consumer
Any individual who purchases goods or services, which

may be sold by manufacturers, wholesalers, or retailers.
TWO PRINCIPAL FUNCTIONS OF
(1) TheINTERNATIONAL CONSUMER LAW
(2) The abolition of
establishment of a obstacles for the
universally development of cross-
applicable minimum border trade
standard of consumer
protection
6
THE IMPORTANCE OF THE UN GUIDELINES ON CONSUMER PROTECTION:
A Global Minimum Level of Consumer Protection

The UN Guidelines
• Remain the most important instrument in consumer protection, and contributes
to building the trust of consumers and traders on the market.
• UN Guidelines are only guidelines: they are not, stricto sensu.
• They are only soft laws, countries may follow but are not legally required to
follow.
• Not mandatory.
• Acknowledge the presence of differences among consumer law regimes
7 throughout the world.
IMPORTANCE OF THE UN GUIDELINES ON
CONSUMER
A Set of Best Practices PROTECTION:
• UN Guidelines identify best market practices, which need to
be implemented in business-to-consumer’s transaction.
8
7 FUNDAMENTAL PRINCIPLES
1. Protection of health and safety 4. Consumer education
of consumer
5. Accessibility of consumer to an effective means

of redress
2. Protection of economic
interests of consumers
6. Establishment of consumer associations and consumer
participation in decision-making process
3. Provision of
consumers with
adequate information 7. Sustainable consumption
9
THE ROLE OF UNCTAD
The United Nation Conference for Trade and Development

(UNCTAD)
 A special body to deal with the guidelines together with some
other market-related regulations.
 Revised the UN Guidelines in 2015.
 UNCTAD’s role is to work as a laboratory of ideas
 and provision of on-the-ground assistance .
 Developed a Manual on Consumer Protection (2017).
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OBJECTIVE OF UNCTAD:
To provide a forum for To undertake research, policy To provide technical assistance

intergovernmental deliberation. analysis, and data collection to to developing countries.
inform such deliberations.
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THE ROLE OF ICPEN
International Cooperation in the Area of Enforcement of Consumer Law (ICPEN)

 The sole international body dedicated wholly to the global aspects of consumer law
enforcement.
 Formerly known as INTERNATIONAL MARKETING SUPERVISON NETWORK
(IMSN)
 Represents a global network of authorities
Insertin charge of the enforcement of consumer law
Image
throughout the world.
 Leadership is modeled on the presidency-rotation principle.
Main aim:
To encourage practical action against cross-border-market misconduct by traders.
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6 LONG-TERM GOALS TO ACHIEVE THE
MAIN OBJECTIVE:
1. The collection and exchange of information 2. The sharing of best practices to
in topics relevant to consumer protection. legislative and enforcement elements of
consumer protection.
3. The undertaking of actions to

4. The facilitation of effective cross-border
combat cross-border breaches of
remedies.
consumer legislation
5. The detection and 6. The enforcement and development of wider participation

promotion of effective and cooperation with other bodies responsible for the
means for the enforcement enforcement of consumer protection rules.
of consumer law.
13
1.THE
SWEEP
ACTIONS
• Identifies suspicious
website.
• Its aim is to protect and
secure the confidence
of consumers in e-
commerce.
2.THE ONLINE
DATABASE
• ICPEN also developed the
www.econsumer.gov website.
The website enables the easy
reporting of international
scams online.
• It provides international
dimension and enables the
exchange of information.
THE
CONTEMPOR
ARY
CHALLENGE
S OF
INTERNATIO
NAL
CONSUMER
LAW
1.
INCREASIN
G NUMBER
OF CROSS-
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BORDER
TRANSACTI
ON
2. THE RISE OF THE
INTERNET AS THE
LEADING GLOBAL
MARKETPLACE AND THE
ENTIRE
Insert Image
TECHNOLOGICAL
DEVELOPMENTS WHICH
HAVE DISRUPTED THE
TRADITIONAL
CONSUMER LAW.
CONSUMER PROTECTION
AROUND THE WORLD
CONSUMER PROTECTION AROUND THE
WORLD:
1. Organizing for Economic Cooperation and The mission is to promote policies that will
Development(OECD) improve the economic and social well-being
of people around the world.
2. United Nations Conference on The overall objective of this is to promote inclusive and
Trade and Development (UNCTAD) sustainable development through international trade.
3. EU Consumer Protection
Grouping of national authorities responsible for the enforcement of
Cooperation Network consumer laws across the European Union with the help of Iceland
(CPC) and Norway.
20
WORLD:
4. European Consumer Centre Network (ECC-
It aims to provide free-of-charge help and
NET)
advice to consumers on their purchases.
5. APEC Electronic Commerce Promotes the development and use of electronic

Steering Group (AECSG) commerce by supporting the creation of legal,
regulatory and policy environments in the APEC region
that are predictable, transparent and consistent.
6. Iberoamerican Forums of Multilateral forum devoted to the analysis and discussion of the
Consumer Protection public policy of consumer protection formed by the governmental
Agencies (FIAGC) agencies of Latin America, Spain, and Portugal.
21
7. ASEAN Coordinating Committee on WORLD:It promotes consumer protection in Southeast Asia.
Consumer Protection (ACCCP)
Objectives:
 Providing consumers with proper information and
redress.
 Stopping rogue traders and unfair commercial practices.
 Ensuring that only safe products are placed in the market.
8. Unsolicited
Formerly known as London Action Plan (LAP) is an informal network of
Communication
government and non-governmental organizations collaborating on global
Enforcement Network unsolicited communication enforcement.
(UCENet)
22
9. Global Privacy Enforcement Network WORLD:Formed in June 2007
(GPEN)
Tasks:
 Discuss the practical aspects of privacy law
enforcement cooperation.
 Share the practice in addressing cross-border challenges.
 Work to develop shared enforcement priorities.
 Support joint enforcement initiatives and awareness campaigns.
10. Consumer International Is a not for profit, non-government organizations. It works with its
members and partners globally to empower and champion the rights of
consumers and ensures that they are treated safely, fairly and honestly.
23
References: Legal Aspects in tourism and
Hospitality, Melinda Bascos

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INTERNATIONAL

WHO ARE THE CONSUMERS?

IT INVOLVES ALL OF THE REGULATIONS AND

WAS PROPOSED IN 1962.

Any individual who purchases goods or services, which

A Global Minimum Level of Consumer Protection

5. Accessibility of consumer to an effective means

The United Nation Conference for Trade and Development

To provide a forum for To undertake research, policy To provide technical assistance

International Cooperation in the Area of Enforcement of Consumer Law (ICPEN)

3. The undertaking of actions to

5. The detection and 6. The enforcement and development of wider participation

5. APEC Electronic Commerce Promotes the development and use of electronic

 Ensuring that only safe products are placed in the market.

 Support joint enforcement initiatives and awareness campaigns.

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