Abstract
Based on the premise that an increase in global economic activities by consumers depends on the expansion of e-commerce, a rational consumer protection strategy should emphasize curing the lack of consumer confidence posed by the problems arising from online contractual relationships. A conclusion that can be derived from the analysis in this study is that the consumer protection mechanisms in B2C e-commerce remain incomplete and that there is an absence of a unified and efficient legal infrastructure, which the consumers can utilize. The issues relating to the distinctive nature of the e-market translated into fragmentation of domestic rules at the national level and efforts at legal harmonization at the international level. However, a lack of consumer confidence in today’s e-market demonstrates that comprehensive protective mechanisms have yet to work properly with reference to consumers’ needs and preferences. To put it another way, there is a failure in achieving access to justice and providing protection to consumers that directly leads to their lack of confidence. Such confidence cannot be established without taking into account the distinctive features of e-transactions and the nature of consumers’ interests that have to be protected in B2C e-commerce.
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Notes
- 1.
See G. P. Calliess and P. Zumbansen, Rough Consensus and Running Code, A Theory of Transnational Private Law 152 (2010).
- 2.
See A. J. Duggan, Consumer Access To Justice in Common Law Countries: A Survey of the Issues from a Law and Economics Perspective, in C. E. F Rickett and T. G. W Telfer, International Perspectives on Consumers’ Access to Justice 46, 51 (2003).
- 3.
The United Nations, The United Nations Conference on Trader and Development, E-Commerce and Development Report 2003, Chapter 7 Online Dispute Resolution: E-Commerce and Beyond (2013), available at unctad.org/en/Docs/ecdr2003ch7_en.pdf (visited April 18, 3013).
- 4.
See Calliess and Zumbansen, supra note 1, at 179.
- 5.
Ibid.
- 6.
Ibid., at 180.
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Yuthayotin, S. (2015). Conclusion. In: Access to Justice in Transnational B2C E-Commerce. Springer, Cham. https://doi.org/10.1007/978-3-319-11131-5_9
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DOI: https://doi.org/10.1007/978-3-319-11131-5_9
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