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Author Yuthayotin, Sutatip, author

Title Access to justice in transnational B2C e-commerce : a multidimensional analysis of consumer protection mechanisms / Sutatip Yuthayotin
Published Cham : Springer, [2015]
©2015
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Description 1 online resource
Contents Acknowledgements; Abbreviations and Constructed Terms; Contents; List of Figures; List of Tables; Chapter 1: Introduction; 1.1 Background; 1.2 Aim and Structure of Research; 1.3 Contribution to the Existing Academic Debates; 1.4 Methodology; 1.5 Scope of Research; Chapter 2: Consumer Protection in B2C E-Commerce: Enhancing Consumer Confidence; 2.1 Introduction; 2.2 Transnational B2C E-Commerce, Economic Growth, and Emerging Markets; 2.2.1 A Brief History of B2C E-Commerce; 2.2.2 Distinctive Features of B2C ̀̀E-Transactions℗þ℗þ; 2.2.2.1 Absence of Face-to-Face Communication
2.2.2.2 Moveable, Dynamic, and Voluminous Information2.2.2.3 Cross Border/Transnational Nature; 2.2.3 B2C E-Commerce and Global Economic Growth; 2.2.4 B2C E-Commerce and Economic Growth in Emerging Markets; 2.2.5 B2C E-Commerce and Consumer Confidence; 2.3 Competing Rationales for Consumer Protection; 2.3.1 Traditional Rationale I: Lack of Knowledge and Information Asymmetries; 2.3.2 Traditional Rationale II: Lack of Bargaining Power and Standard Terms; 2.3.3 Traditional Rationale III: Behavioral Economic Problems; 2.3.4 Traditional Rationale IV: Failures of Traditional Forms of Litigation
2.3.5 The Emergence of ̀̀Consumer Confidence℗þ℗þ in Global Debates on B2C E-Commerce2.4 Interim Conclusion; Chapter 3: Access to Justice: A Goal for Consumer Protection; 3.1 Introduction; 3.2 Historical Debate on Access to Justice; 3.2.1 Review of Main Points from the Nineteenth Century; 3.2.2 Initial Focus on Legal Representation; 3.2.3 Movement Toward a New Kind of Rights: The ̀̀Diffuse and Fragmented Rights℗þ℗þ; 3.2.4 ̀̀Universal Thoughts℗þ℗þ on Access to Justice; 3.3 Contemporary Debates on Access to Justice; 3.3.1 New Movements of Access to Justice; 3.3.2 Enhancing Access to Justice
3.4 Important Underlying Consumers℗þ Access to Justice3.4.1 Consumers℗þ Access to Justice I: Socio-Legal Perspective; 3.4.2 Consumers℗þ Access to Justice II: Economic Perspective; 3.4.3 Contemporary Debates; 3.4.3.1 Ex Ante Mechanisms Versus Ex Post Mechanisms; 3.4.3.2 Individual Interests Versus Public Interests; 3.4.3.3 State Regulations Versus Self-Regulations; 3.4.3.4 Consumers Protection Versus Global Economic Interests; 3.4.4 Enhancing Consumers℗þ Access to Justice; 3.5 Interim Conclusion
Chapter 4: Towards a Multidimensional Approach to Access to Justice: Setting a Framework for Consumer Protection in B2C E-Comm ... 4.1 Introduction; 4.2 Sufficient and Accurate Information and the Ability to Digest Information; 4.3 Availability of Variety of Goods and Services at Appropriate Prices; 4.4 Freedom of Choice and Ability to Make Rational Decision; 4.5 Fair Terms and Conditions; 4.6 Right of Withdrawal; 4.7 Performance of Obligations; 4.8 Consumers℗þ Privacy; 4.9 Consumers℗þ Safety; 4.10 Reasonable Cost of Transaction; 4.11 Right to Conduct Dispute Resolution in a Convenient Location
Summary This book identifies institutional mechanisms that can be used to promote consumer confidence in direct online sales with businesses (B2C e-commerce). It argues that enhancing the access to justice in a multidimensional sense can potentially offer an effective means of boosting consumer confidence. It introduces a conceptual framework for a multidimensional approach to access to justice in the context of consumer protection, describing the various reasonable criteria needed to satisfy consumer demands in B2C e-commerce. The framework, which reflects all essential aspects of consumers? expectations when they engage in online transactions, provides a benchmark for the evaluation of various consumer protection mechanisms. Based on an analysis of different mechanisms and using the framework?s criteria, the practice of private ordering, which does not rely on the creation of rules of law but rather on the use of technology as a solution, appears to offer a meaningful way to enhance access to justice in B2C e-commerce. However, though private ordering holds considerable potential, certain weaknesses still need to be eliminated. This book demonstrates how private ordering can be successfully implemented with the help of an intermediary, a neutral third party that plays an integral part in the collaborative task of facilitating various aspects of private ordering, thus helping to limit the risks of failure and ensuring a fairer market setting. In order to move forward, it argues that the state, with its wealth of material resources and incentive options, is the institution best suited to acting as an intermediary in facilitating private ordering. This promising proposal can improve consumer protection, which will in turn boost consumer confidence
Bibliography Includes bibliographical references
Notes Online resource; title from PDF title page (EBSCO, viewed November 19, 2014)
Subject Consumer protection.
Electronic commerce.
International trade.
Form Electronic book
ISBN 3319111302 (print)
3319111310 (electronic bk.)
9783319111308 (print)
9783319111315 (electronic bk.)
Other Titles Business to consumer electronic commerce