Fragmentation Versus Convergence of Consumer Law Within One Legal System and Across Legal Systems: An African Perspective (original) (raw)

An In-Depth Analysis of Choice of Law Rules in Consumer Contracts: A Focus on the African Continental Free Trade Area

Journal of Law, Society and Development

Choice of law is a perplexing concept due to the importance of party autonomy, the diversity of connecting factors, and the variety of different contractual issues. The problem of choosing a governing law is complicated in consumer contracts by industrialised mechanisms depriving consumers of negotiation rights. The core mandate of the African Continental Free Trade Area (AfCFTA) is to establish a single market for goods and services associated with the free movement of legal persons for economic integration. This objective requires a harmonised consumer protection policy to resolve the diverse consumer protection regimes applicable in state parties within AfCFTA member states. This policy should provide suitable consumer protection mechanisms generally and in the context of choice of law specifically. Implementing a draft competition policy bestows a legitimate mandate on the AfCFTA to negotiate a continental framework on consumer protection as both fields of law complement each ot...

Dissemination of Consumer Law and Policy in Africa, Asia, the Americas, and Australia

Journal of Consumer Policy, 2018

There is not much, if any, research available on consumer law and policy outside Australia, the European Union (EU), the United States (US), and in limits South America and India, 1 and what little there is has hitherto been limited. This gap needs to be closed through focused research on consumer law in Africa, Asia, and South America, as well as its interaction with Australian, European, and US American consumer law and policy. Steps towards filling this gap are taken as part of a much broader project financed by the Academy of Finland on the "External Dimension of European Private Law." 2 With regard to consumer law, we (Geraint Howells (Asia), Claudia Lima Marques (South America), Tjakie Naude (Africa), and Hans Micklitz (EU)) have joined forces with the European University Institute, Helsinki University, and the Journal of Consumer Policy. All three institutions have generously contributed funding for research into African, Asian, and South American consumer law. One of the major challenges was to make scholarship from such different regions of the world accessible and, boldly spoken, suitable for comparison. At the outset, we decided to organize a series of conferences in Hong Kong, Cape Town (South Africa), and Porto Alegre (Brazil) in 2017. Organizing conferences in these locations made it much easier to assemble scholars from each continent. This would have been impossible and unaffordable, had we decided to invite experts from these continents to, e.g., Florence or Helsinki. Overcoming this organizational hurdle was crucial. Having done so, we decided to facilitate discussion and comparison through developing a uniform template, built around three major issues: (1) the general features, (2) case studies, and (3) external influences. This template has been designed

The Case for the Harmonisation of Commercial Law in West Africa

SSRN Electronic Journal, 2013

The realisation of West Africa's objective of economic growth and sustainable development has been the basis behind a further push towards regional integration over the past two decades. This paper puts up a case on the need for a harmonised system of laws to regulate commercial transactions within the region by addressing two core aspects of promoting regional trade namely: a) The existence of an economic body and; b) A legal system to govern the commercial laws of countries within the region. In light of the recent formation and success of OHADA, an organisation charged with the task of harmonising commercial laws in Africa, this paper analyses OHADAs impact and its potential for success if applied in across West Africa whilst comparing OHADA with other advocated approaches to the harmonisation of commercial law in West Africa.

Institutional Framework for Consumers Protection in Nigeria

2011

This study examined the framework institutionalised for the protection of consumers in Nigeria. In particular, it x-rayed the administrative and regulatory mechanisms put in place for the protection of consumers and considered the attitude of the courts in matters affecting the consumers. It was evidenced from the study that there are several regulatory agencies, with functions sometimes overlapping, set up to advance the consumer's course. The effectiveness of these agencies is brought into scrutiny, as sometimes, their existence is hardly known to the consumers. The study exposed a general lacklustre approach of the courts in consumer protection cases and its adverse effect on the consumers. If the consumer is to take benefit of whatever legal framework institutionalised for his protection in Nigeria, some level of judicial activism are required.

Consumer Rights: The case of South Africa and Malaysia

As access to the Internet expands across the world, greater numbers of people are buying goods and services on-line, through electronic transactions. In this process, people are disclosing personal data. If this is not effectively protected, a person's right to privacy stands to be violated. This review paper considers the extent to which legislation in South Africa and in Malaysia offers consumers protection when they transact on-line and when they provide personal data in the process, including when using social media sites. It is a reflective piece based on the researcher's personal insights due to more than a decade of experience serving on consumer adjudication statutory structures in South Africa. It is also informed by interviews during visits in December 2012 to Malaysian consumer regulatory offices and non-governmental organizations that focus on consumer protection issues. The findings show that in both countries legislation does not extend far enough to offer consumers redress when they transact electronically. Recently separate legislation for the protection of personal data has been introduced in both countries, and it is thus too soon to assess whether this legislation will be effective. There are initial steps being taken at a geo-political regional level through the Association South East Asian Nations (ASEAN) to encourage individual countries to all establish consumer protection and personal information protection legislation, as well as to promote inter-country co-operation in this regard. The Southern African Development Community (SADC) can learn lessons from this, to take similar steps among member-countries.

Consumer Law and Policy in Ghana

Journal of Consumer Policy, 2018

This paper presents a picture of the landscape of consumer law and policy in Ghana and reviews the scope of protection of consumer interests with specific regard to product safety and liability, consumer sales, and telecommunication services. It assesses the legislative and policy framework on consumer contracts, product safety, and unfair commercial practices; discusses the role of national agencies in enforcing safety standards; and highlights some critical consumer issues in telecommunications service delivery. The paper examines the regulatory framework on other consumer issues such as advertising, labelling, and marketing of consumer products; terms and conditions of consumer contracts; and after sales services including the enforcement of guarantees, warranties, refund, and return policies. The paper also discusses the extent of external influence on the development of consumer law and policy in Ghana and reviews the level of interaction with other legal systems and supranational bodies in the three focal areas. The contribution also explores areas of Ghana's consumer protection framework which could benefit from guidance from the EU transnational model on consumer protection and makes recommendations for the enhancement of the emerging legislative and policy regime on consumer protection in Ghana.

The Impact of Consumers' Protection Laws and the Regulatory Schemes in Nigeria

2011

This Study was a review of the impact of Consumers’ Protection Laws and the Regulatory Schemes in Nigeria. The logical conclusion that readily flows from the context analysis of this study is that the Courts, relevant Consumer Protection Statutes and Regulatory Agencies have failed to offer the desired and much expected protection to the Consumer. Consequently, the Consumer is simply left unprotected and at the mercy of unconscionable manufacturers and pretentious traders. A model Consumer Protection Law that affords a remedy on the basis of defect in consumer goods, rather than resultant injury to the consumer among others is recommended.