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A timely addition To The information available on Asia Pacific laws relating To The production, sale, and distribution of goods. Each country is examined under three general headings: Themes of Liability, State of Law Reform, and Litigation System. Covers Australia, China, Hong Kong, Indonesia, Japan, Korea, New Zealand, Philippines, Singapore, Taiwan, Thailand, Vietnam.
This article draws on survey results to provide a preliminary empirical benchmark of the impact in the Asia-Pacific Region of strict-liability product liability law reforms, implemented in many jurisdictions since the 1990s based often on the 1985 European Commission Directive. It identifies considerable convergence in the "law in action" as well as the "law in books," largely mirroring results from the baseline survey of European jurisdictions completed in 2002 by Lovells for the Commission. Similar effects include small but significant increases in claims, settlements, and reactions from firms. However, these tendencies are also affected by broader (arguably inter-related) factors such as shifts in consumer consciousness and media attention. Conventional causes of action also continue to be invoked, and there is not much call for further reform. This situation highlights the distinctiveness of high levels of product liability litigation in the United States. Growing but limited case law in certain Asia-Pacific and European jurisdictions should be synthesized into "Strict Liability Product Liability Principles." It also is likely that the Asia-Pacific will continue to follow more the European Union in related areas such as consumer access to justice and product safety regulation.
Consumer product safety is a major contemporary concern for developing, middle-income and developed economies. The Association of Southeast Asian Nations (ASEAN), through its Committee on Consumer Protection (ACCP), has recognised this as a priority topic for international collaboration, as trade in goods accelerates through the region and with its major trading partners world-wide. This paper uncovers already significant harmonisation in substantive product liability law enacted across ASEAN member states. However, strict liability regimes are still missing in several states (both developed and developing) and anyway undermined in practice by problems for consumers in accessing courts or other effective dispute resolution mechanisms, especially for small-value and/or mass claims. Combined with variable media coverage of product safety failures within ASEAN member states, there is scope therefore to enhance minimum standards through generic consumer safety regulation by public authorities. The comparative analysis reveals even more progress in introducing minimum protections, such as powers to ban unsafe goods, set mandatory safety standards, and order or conduct recalls; but some national laws are recent, difficult to enforce or lacking in coverage. In particular, there is a gap across ASEAN member states in terms of requirements on suppliers to notify national regulators even when conducting voluntary recalls, let alone serious accidents and/or risks - as required now in major Asia-Pacific economies as well as in the EU. Reforms to national laws to fill this gap would also help connect ASEAN member state consumer affairs officials with counterparts abroad. There are already growing opportunities to do so via information-sharing and capacity-building provisions increasingly found in FTAs concluded by individual ASEAN member states and ASEAN itself with third countries, and consumer affairs officials should be aware of and involved in such procedures.
It is clear that in spite of the common law prescription vide different rules and approaches, and the international efforts at resolving the problems of products liability and conflict of laws, it has been so much motion, but little or no movement. Consequently, this work proceeded to provide a general overview of the laws of products liability in selected countries, like the: United States of America, for the creativity with which its scholars have formulated theories and the ingenuity with which its judges had nurtured the doctrine to its dizzying height; European Union's adoption of the USA model without its litigation explosion baggage, through the creation of barriers like, the absence of contingency fees approach, the loser pays winner's attorney fees, discouragement of massive discovery filings, lower damage judgments, non-use of juries in civil cases, and cap on damages actions, in advancing the course of products liability in its member states ; and the impact of EU Products Liability Directives especially in, Latin America, Quebec, and the Asia-Pacific Rim with a view to finding an appropriate model or cocktail for Nigeria.
Developing insights from a number of disciplines and with a details analysis of legislation, case law and academic theory, Product Safety and Liability Law in Japan contributes significantly to the understanding of contemporary Japan, its consumers and its law. It is also of practical use to all professionals exposed to product liability regimes evolving in Japan and other major economies.
Thirty years after the entry into force of the Directive on liability for defective products (Council Directive 85/374/EEC), and in the light of the threat to user safety posed by consumer goods that make use of new technologies, it is essential to assess and determine whether the Directive remains an adequate legal response to the phenomenon of products brought to market that fail to ensure appropriate levels of safety for their users. This book is the result of an extensive international research project funded by the Polish National Science Centre. Individual country reports analyze the implementation of the Directive in the domestic law of several EU and EEA Member States (namely Austria, Czech Republic, Denmark, England, France, Germany, Italy, Netherlands, Norway, Poland, Spain, and Switzerland) and the relationship of the implemented rules with the already existing rules of tort law. The country reports show that the practical significance of product liability differs widely in the various Member States. Also taking into account non-EU countries (Canada, Israel, South Africa and the USA), this book examines whether EU law will ensure sufficient safety for individuals using goods that have been produced using new technologies that are currently under development. This, as well as an economic analysis of product liability, makes the book valuable for academics, practitioners, policy makers, and all those interested in the subject. (Series: Principles of European Tort Law) Subject: Tort Law, Private Law]