SOTO PINEDA, JESÚS ALFONSO
PRESENTATION
Jesús Alfonso Soto Pineda
CHAPTER 1
PLANNED OBSOLESCENCE: A NON-RESTRICTABLE INDUSTRIAL PRACTICE? ANSWERS FROM CONSTITUTIONAL LAW, COMPARED LAW AND ABUSE OF THE LAW
Magdalena Correa Henao
1. Introduction
2. Planned obsolescence: What is It?
3. Planned Obsolescence from Constitutional Law and Legal Assets in Dispute
4. Answers from Sources of Law and Assessment
5. A Complementary Solution: An Answer from the Principle of Non-Abuse of Rights
II, Conclusion
Bibliography
CHAPTER 2
THE EUROPEAN UNION VS. PLANNED OBSOLESCENCE: A VAIN STRUGGLE?
Raquel Regueiro Dubra
I. Introduction
II. The lack of regulation at the international level
III. Common Market and consumer protection in the European Uníon
1. European consumer protection measures
2. The impact of obsolescence on the internal market
IV. The fight against planned obsolescence in the European Union: marginal, indirect and specific
1. Directive 2006/66/ ec on batteries and accumulators and their waste products
2. Directive 2009/125/EC on ecodesign
3. Directive 2008/98/EC on residues
V. The impetus of the European Economic and Social Committee and Directive 2014/53/EU
1. The first proposals of the European Economic and Social Committee
2. Directive 2014/53/EU
3. The latest developments
VI. Planned obsolescence and Member States
VII. Conclusion
Bibliography
CHAPTER 3
COMMENTS ANO ANSWERS TO PLANNEO OBSOLESCENCE THROUGH CONSUMER PROTECTION LAW
Jesús Alfonso Soto Pineda
I. Introduction
II. Consumer protection Law and Planned Obsolescence
1. On the subject of information
2. Regarding the possibility and decision of repairment
3. Considerations about contracts
4. The Warranty
III. Conclusion Bibliography
CHAPTER 4
PLANNED OBSOLESCENCE ACHIEVED THROUGH RESTRICTIONS IN THE AFTERMARKETS
Camilo Pabón Almanza
I. Consumers cannot anticipate the lifetime of each product
1. The lifetime of a product depends on the operation of two complementary markets
2. Information asymmetries - Eastman Kodak
3. Exploitation of the information asymmetries II. Governmental intervention to increase the lifetime of products
4. Cases in which intervention was not necessary - Keurig 2.0
5. If the Government intervenes
III. Conclusion
Bibliography
CHAPTER 5
THE "WINDING CRUSADE" AGAINST PLANNED OBSOLESCENCE: ADVOCATING FOR THE RECOGNITION OF AN ENVIRONMENTAL INTERNATIONAL CRIME AND THE INTERNATIONAL SUBJECTIVITY OF MULTINATIONAL CORPORATIONS
Jacqueline Hellman Moreno
I. The Definition of Planned Obsolescence and Its Consequences
II. The Status Qua of Environmental Regulation in the Field of Planned Obsolescence
1. General considerations on existing environmental regulation
2. The dubious effectiveness of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal
3. The role of the European Union in the field of planned obsolescence
III. The Recognition of Serious Environmental Misbehaviours as international Crimes
1.The consequences of recognizing serious environmental misbehaviours as international crimes: the application of the principle of universal justice and the action of the International Criminal Court
2. The desirability of subsuming planned obsolescence as a new environmental crime of an international nature: ECOCIDE
3.Is it possible to articula te the existence of responsibility when referring to international crimes committed by corporations?
IV. Conclusion
Bibliography
CHAPTER 6
CONSUMER PROTECTION AGAINST PLANNED OBSOLESCENCE AN INTERNATIONAL PRIVATE LAW ANALYSIS
William Fernando Martínez Luna
1. Introduction
2. Planned Obsolescence
3.Approach to the definition of planned obsolescence
III. Legal Forefronts Against Planned Obsolescence
1. Introd uctory Aspects
2. Planned obsolescence and Consumer Rights
IV. Applicable Law to the International Consumer Contract
1. European Union Law
2. Restriction of the Choice of Law rules
V. Conclusion Bibliography
CHAPTER 7
INTERNATIONAL CONFLICT OF LAWS AND OF JURISADICTION IN RELATION TO PLANNED OBSOLESCENCE
Lidia Moreno Blesa
1. Introduction
2. Consumer Law Rules
3. International jurisdiction
4. Applicable law
5. Liability caused by defective products
III. Competition Law
6. Competent jurisdiction
7. Applicable law
IV. Environmental Regulation
V. Conclusion
Bibliography
CHAPTER 8
L1GHT READING OF SOME OF THE DARK STORIES OF THE WORLD OF CONSUMPTION: PLANNED OBSOLESCENCE IN ITS ADVANCED CAPITALIST CONTEXT
Daniel Briggs
I. Introduction
II. The postmodern world
III. A brief history of consumption and social status
IV. Light reading: Manufacturing desirers seeking manufactured desires "I'm dying for the new Ipad" Meanwhile ... waiting to go on holiday at a London airport
V. Dark stories: Manufacturing misery Actually dying for your phone Meanwhile in a metro station in Paris
VI. Discussion: How planned obsolescence is advancing capitalism
Bibliography
ABOUT THE AUTHORS
This academic resource introduces planned obsolescence as a business strategy based on the design o planning, projection and control of (he usefuI lifetime of numerous products in order to boost demand and stimulate consurnption, encouraging individuals to purchase after the loss of functionality of its assets or its expiration. It also examines the most sígnificant cases that have led such a strategy: from inception to the present day. with a focus on the technology sector. In addition, it considers the attributes that make up the strategy of built-in obsolescence relevant for law. and also those that provide juridical relevance from different perspectives. relating to constitutional law, contractual theory, consumer protection law. antitrust law. prívate and public international law perspectives human rights and European Union Law.
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