Consumer protection as a global and regional policy

mercosur as a case study

Authors

  • Claudia Lima Marques Universidade Federal do Rio Grande do Sul, UFRGS

DOI:

https://doi.org/10.14393/RFADIR-v49n2a2021-65179

Keywords:

International Consumer Protection, Mercosur, International Consumer Contracts, Choice of law, Vulnerability

Abstract

This article argues that the international protection of consumers should be a global policy in the XXI Century, since consumers are important actor of the globalization. But beside the UN Guidelines on Consumer Protection (UNGCP) from 1985, revised in 1999 and 2015, and the International Code of Protection of Tourists (UNWTO) from 2020-21, there are no other universal - or ‘global’ - legal instrument (either soft or hard law) on consumer protection. In opposite to environmental law, there is no single global Convention or binding international legal instrument on consumer protection issues. Hence, this article analyses the role of Mercosur regarding the promotion of international consumer law, particularly, the efforts of the Brazilian Government to enhance it within this regional economic organization. The main purpose of this article is to shed light to current regional protection of consumers initiatives to confirm the need for other biding more comprehensive instruments, especially in the global level, so that the current fragmented picture of the consumer protection worldwide does not create disparities to discriminate between consumers residing in different locations.

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Author Biography

Claudia Lima Marques, Universidade Federal do Rio Grande do Sul, UFRGS

Full Professor of Private International Law at the Federal University of Rio Grande do Sul -UFRGS, Brazil. Chairman of the International Consumer Protection Committee of the International Law Association (London). Director of the International Association of Consumer Law - IACL and of the Center for European and German Studies, CDEA/DAAD, Porto Alegre. She holds a PhD iuris utriusque in Law from the Ruprecht-Karls Universität Heidelberg, a Legum Magister from the Eberhard-Karls Universität Tübingen and a Diploma in European Integration from the Universität des Saarlandes. Former President of the American Association of Private International Law - ASADIP, and of the Brazilian Institute of Consumer Law and Policy - BRASILCON.

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Published

2022-05-12

How to Cite

Lima Marques, C. (2022). Consumer protection as a global and regional policy: mercosur as a case study. Journal of the Faculty of Law of the Federal University of Uberlândia, 49(2), 4–26. https://doi.org/10.14393/RFADIR-v49n2a2021-65179

Issue

Vol. 49 No. 2 (2021): Revista da Faculdade de Direito da Universidade Federal de Uberlândia

Section

Invited Authors

License

Copyright (c) 2021 Journal of the Faculty of Law of the Federal University of Uberlândia

Creative Commons License

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