ASEAN Consumer Law Harmonisation and Cooperation

Nottage, Luke; Malbon, Justin; Paterson, Jeannie Marie; Beaton–Wells, Caron

doi:10.1017/9781108770149

Cited by 6 publications

(1 citation statement)

References 171 publications

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“…Asia and the United States show some similarities despite their huge cultural differences. The ASEAN countries are intensifying efforts to build a stronger integrated market (Nottage et al 2019). It goes without saying that the importance of consumer protection increases as the volume of cross-border exchanges grows.…”

Section: Harmonization and Heterogeneity In Consumer Protection Policymentioning

confidence: 99%

Journal of Consumer Policy’s 40th Anniversary Conference: A Forward Looking Consumer Policy Research Agenda

et al. 2020

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Section: Harmonization and Heterogeneity In Consumer Protection Policymentioning

confidence: 99%

Journal of Consumer Policy’s 40th Anniversary Conference: A Forward Looking Consumer Policy Research Agenda

et al. 2020

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Towards a More Harmonised Asian Approach to Corruption and Illegality in Investment Arbitration

Teramura,

Nottage,

Jetin

2024

Asia in Transition

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In parallel with their strong economic growth, Asian jurisdictions have scaled up campaigns against bribery and other illegal misconduct by foreign investors by adopting international anti-corruption frameworks. Nonetheless, corruption remains common in many places and there is also still a lack of consensus on the influence of corruption and illegality over foreign direct investment (FDI), as well as in investor–state arbitration cases. There is also a paucity of literature considering how Asian countries have dealt with such serious misconduct by foreign investors. The foregoing chapters have started to fill the gaps, finding that there are some ‘Asian approaches’ to corruption and bribery in investment arbitrations: some individual jurisdictions have started to address the issues of corruption and illegality through treaty (re)drafting and/or investment disputes. However, a uniform Asian approach towards corruption and illegality in investment arbitration has not yet been established. Thus, this chapter proposes a roadmap for a more harmonised regional approach to corruption and illegality in Asian investment arbitration. It recommends that Asia should (1) establish a forum for all jurisdictions to discuss corruption and other serious misconduct involved in FDI, (2) develop more unified rules on corruption and illegality specifically in Asian investment arbitration and (3) consider creating an independent institution or permanent court to better handle Asian investment disputes—not necessarily limited to allegations of corruption and illegality.

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Improving the Effectiveness of the Consumer Product Safety System: Australian Law Reform in Asia-Pacific Context

Nottage

2020

J Consum Policy

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The Australian government is undertaking public consultations over possible improvements to the 2010 Australian Consumer Law (ACL) regime, including again the idea of adding a European-style general safety provision (GSP). To bolster the case for such reform, Part 2 of this paper analyses 2017-2019 data trends from the OECD Global Recalls Portal for Australia compared with several comparable economies, especially in the Asia-Pacific region where Australia now has most of its trade and investment links. The analysis finds a persistently high per capita recall rate for Australia, compared with several jurisdictions including Korea, Japan, and especially the USA. However, the analysis identifies various legal and other factors across the jurisdictions that impact on interpreting such data. Part 3 therefore begins by highlighting some more specific patterns uncovered from an ongoing joint research project comparing child product safety trends particularly in Australia and the USA. It highlights various concerns regarding recalls in Australia, as well as weaknesses in Australia's ACL regime (in addition to the lack of a GSP), in coordinating with sector-specific regulation, and in private law mechanisms that could more indirectly promote consumer product safety. Some estimated economic costs from current levels of reported injuries, as well as of many recalls, further reinforce the case for adding a GSP. Part 4 concludes that this improvement to the ACL could be combined with some of the other reform options outlined by the Australian government's Consultation Regulatory Impact Statement, as well as the introduction of a novel "product safety substantiation order" power. The conclusions and analysis should be helpful for other jurisdictions considering product safety law reforms in an increasingly globalized and digital economy, and draw already on comparisons with regulatory regimes and issues particularly in the Asia-Pacific region.

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ASEAN Consumer Law Harmonisation and Cooperation

Abstract: Consumer-Credit-Banking-Module-Final-21Dec15.pdf. consumer financial services 28 Measures taken by members for consumer finance are also listed for each member under the heading 'Consumer Credit and Banking in the

Cited by 6 publications

References 171 publications

Journal of Consumer Policy’s 40th Anniversary Conference: A Forward Looking Consumer Policy Research Agenda

Journal of Consumer Policy’s 40th Anniversary Conference: A Forward Looking Consumer Policy Research Agenda

Towards a More Harmonised Asian Approach to Corruption and Illegality in Investment Arbitration

Improving the Effectiveness of the Consumer Product Safety System: Australian Law Reform in Asia-Pacific Context

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