The United Nations Guidelines for Consumer Protection: Legal Implications and New Frontiers
2020
Benöhr, I.
The United Nations set a milestone in the development of consumer law when it adopted the United Nations Guidelines for Consumer Protection in 1985 (UNGCP), establishing for the first time a set of international consumer law principles. Since then, with the emergence of the digital era, the landscape has experienced dramatic changes, and consumers have been facing an expanding range of global challenges, especially in the financial services sector. To reflect this changing landscape, new provisions were added by revised Guidelines in 1999 and again in 2015, which included recommendations on good business practices, financial protection and e-commerce. However, the Guidelines are only soft law provisions, as they are not legally binding on Member States. The question therefore arises of how effective they can be in promoting consumer law at the national and global levels. This article will argue that a comprehensive international consumer law framework is essential in the current context, and that there has been some advancement towards this since the adoption of the Guidelines. However, while the United Nations is playing a unique role in promoting an inclusive and broad consumer protection approach, it sometimes lacks the legal powers and resources to ensure the full effectiveness of its Guidelines. The article thus examines the evolution of consumer protection at the international level, assessing the legal landscape and key players in the field. It outlines the increasing involvement of the United Nations in the area of consumer protection, analysing the core features of the revised Guidelines and their implications, and concludes by suggesting avenues for future development.
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