Magistro baigiamojo darbo tikslas - ištirti maisto produktų ženklinimo ir vartotojų teisių apsaugos teisino reglamentavimo ypatumus. Tam, kad būtų pasiektas numatytas tikslas, darbe buvo iškelti šie pagrindiniai uždaviniai: išanalizuoti maisto produktų ženklinimo teisinio reglamentavimo ypatumus Europos Sąjungos ir Lietuvos teisės aktuose; išnagrinėti reikalavimų ženklinant ekologiškus ir maisto priedų turinčius maisto produktus teisinį reguliavimą; išnagrinėti vartotojo galimybes neteisminiu keliu realizuoti savo teises maisto produktų ženklinimo srityje. Vienas iš Europos Sąjungos maisto saugos politikos tikslų – užtikrinti, kad maisto produktai būtų ženklinami. Todėl pirmame darbo skyriuje išanalizavus maisto produktų ženklinimo teisinį reglamentavimą galima teigti, jog šios srities ženklinimas Europos Sąjungoje yra reglamentuojamas horizontaliais ir vertikaliais teisės aktais. Naujuoju Europos Parlamento ir Tarybos 2011 m. spalio 25 d. reglamentu Nr. 1169/2011 siekiama sujungti šiuo metu galiojančius teisės aktus dėl maisto produktų ženklinimo, juos konsoliduoti bei supaprastinti. Pagrindiniu teisiniu dokumentu, reglamentuojančiu maisto produktų ženklinimą Lietuvos Respublikoje, yra laikoma Lietuvos higienos norma HN 119:2002 „Maisto produktų ženklinimas“. Plečiantis tiek ekologiškų, tiek maisto priedų turinčių maisto produktų rinkai, antrame darbo skyriuje nagrinėjami teisės aktų keliami reikalavimai šių produktų ženklinimui. Teisės aktų, reglamentuojančių ekologiškų... [toliau žr. visą tekstą] / The goal of this master thesis is to complete a research on the legal regulation peculiarities of food labelling and consumer protection. In order to achieve the set goal, following tasks were formed in this thesis: to analyze the legal regulation peculiarities of food labelling in legislation of European Union and Lithuania; to analyze legal regulation of requirements for labelling organic food and products that contain food additives; to provide insights regarding possibilities for consumers to implement their rights in the sphere of food labelling. One of the goals of the European Union food safety policy is to ensure the labelling of food. Therefore, after analysing the legal regulation of food labelling in the first section of the thesis, a proposition can be made that, the labelling of this sphere in the European Union is regulated by horizontal and vertical legislation. The new regulation No. 1169/2011, issued by the European Parliament and Council on the 25th of October, seeks to join, consolidate and simplify currently valid legislation regarding food labelling. The main legal document which regulates food labelling in the Republic of Lithuania is Lithuanian Hygiene Norm HN 119:2002 “Food Labelling”. While the market of both organic food and products that contain additives continues to develop, the second section of the thesis analyzes the requirements set by legislation for labelling such products. The analysis of legislation that regulates the labelling of... [to full text]

As the first decade of the 21st century nears its end, it is undoubtedly clear that the challenges facing the world today are profoundly different in both character and prominence from those faced by various societies during the last decade of the 20th century. In part, this change derives from, among other things, the rapid growth in the use of information technology, intensification of globalization and its attendant consequences and the hyper-competitive business environment within which most, if not all, business organizations operate. These factors, together with the visible and unrelenting shift away from the 'industrial economy' to 'service economy', accompanied by an emphasis on human rights culture across the globe, are radically changing the way people as citizens and people as customers, individually and collectively, understand their role in this new emerging context. Coupled with this changing network of individual and collective psyches is the changing nature and role expected of both the business and government institutions. In response to these changing expectations, businesses and governments are continuously seeking to find creative and working ways to better respond to the needs of their stakeholders. As part of this developing dynamic, the government of the Republic of South Africa has sought to target its strategy planning process as one mechanism through which the enhancement of its service delivery endeavour may be achieved. Taking the cue from their national counterpart, provincial governments are following on the same footsteps. In view of the prominence enjoyed by the strategic planning process in government circles as a tool, firstly, for linking and integrating departmental budgets and service delivery intentions, and secondly, channel efforts and energies of public servants to enhance service delivery improvement for the electorate, the need to examine the strategic planning process becomes critical. This study, therefore, finds its conceptual origin in the context of this developing dynamic. To this end, the KZN Department of Arts, Culture and Tourism has been identified as a case to study whether the strategic planning process is understood, and therefore used, as a value-creating imperative for service delivery enhancement in the public sector, or mechanism for compliance. To accomplish its purpose, the study relies primarily on the responses received from interviews conducted with the employees of the Department of Arts, Culture and Tourism on the question of the department's strategy planning process. Coupled with this primary source of information, literature review was also conducted as a secondary source. This process is important in that it provides an opportunity for the researcher to conduct a comparative analysis, firstly, to establish whether what the department says it does strategically has any link or relation to what is contained in the literature on strategy. Secondly, it affords space to assess whether the rhetorical articulations of the department on its strategic planning process link back to what the department does in practice around the same phenomena. On the basis of this analysis and assessment, the study moves on to articulate, whether, in its own opinion, based on its findings, the strategy planning process is currently used by the department as a value-creating mechanism for service delivery improvement or a mechanism for compliance. / Thesis (MA-Leadership Centre)-University of KwaZulu-Natal, 2008.

Dispute resolution is an important issue for corporations. Whether the disputes are with their suppliers, employees or with consumers, managing disputes effectively is integral to healthy business risk management. While arbitration is a well-known alternative in disputes with suppliers or employees, its use is infrequent in disputes with consumers. The purpose of this thesis is to introduce arbitration as an option for alternative dispute resolution between businesses and consumers. Banking institutions, insurance companies, businesses in the securities industry and most suppliers of good and services can usefully take advantage of this tool. In our view, the legislative framework in Quebec does not create any barriers to the use of this technique, but provides for some guidelines that corporations must comply with. We hope this paper encourages companies to exercise control of the management of their disputes with consumers with the help of arbitration mechanisms that are at the same time consistent with consumers' rights as set out in Quebec legislation.

No description available.

Patients who have undergone treatment that has included the surgical implantation of a prosthetic device can become dissatisfied for many reasons. One cause for dissatisfaction is any adverse event where there is a demonstrable causal nexus with the failure of a device that is defective or at risk of being so. The magnitude of therapeutic product failure is considerable and therapeutic goods such as Vioxx, Thalidomide, silicon-gel-filled breast implants, contaminated blood products, cardiac pacemakers and valves, and orthopaedic devices are testimony to this. Many of these events have exposed a greyish area of Australian law that balances medical negligence with consumer protection and contract law. Australian product liability legislation that regulates the use of therapeutic goods is a complex amalgam of law that has at its foundations the Trade Practices Act 1974 (Cth) and the Therapeutic Goods Act 1989 (Cth). When a surgical device fails there can be exposure to liability. This thesis explores those important issues that can impact on individuals or on organisations and it is evident that where issues of product liability concern implanted surgical devices the current regulations for consumer protection may not always be the most appropriate. It is evident that there is a culture of under-reporting of adverse events to a Therapeutic Good Administration that does not have the resources to investigate the cause for failure of a surgical device. Furthermore, there is a potential for bias and conflict of interest in an environment where the regulator depends on the regulated for the funding of its existence. Other issues include the complex and often undesirable consequences of those partnerships that can evolve with the development of an implantable device and with the undertaking of clinical trials, the role of the learned intermediary, that interface between manufacturer and consumer, and the role of the expert witness, that interface between justice and injustice. These and other matters that can significantly influence any debate of implantable surgical device product liability are explored and recommendations are made that might form the basis of a Therapeutic Goods (Safe Medical Devices) Amendment Act.

Thesis (LL. M.)--University of Toronto, 2004. / Adviser: Richard Owens.

Thesis (M.S.)--Florida State University, 2005. / Advisor: Susan S. Fiorito, Florida State University, College of Human Sciences, Dept. of Textiles and Consumer Sciences. Title and description from dissertation home page (viewed Jan. 27, 2006). Document formatted into pages; contains viii, 73 pages. Includes bibliographical references.

Habilitation - Universität, Leipzig, 2002. / Includes bibliographical references and index.

This thesis examines the regulation of the direct-to-consumer genetic testing industry through analysis of the industry's use of wrap contracts (clickwrap and browsewrap), A significant portion of the thesis consists of a comparative document review of the publicly available wrap contracts of DTCGT companies provided tests for health purposes. It also considers other regulatory responses to date. Due to the lack of industry specific regulation it argues that the use of wrap contracts can be viewed as a means of industry self-regulation and a form of private legislation. This means that governance is skewed heavily in favour of companies and it creates an imbalance in the respective rights and obligations of the parties - company and consumer - which is likely to result in consumer detriment. It is argued that certain types of terms commonly include in DTCGT contracts, including: unilateral variation clauses; some exclusion clauses; choice of law clauses; indemnity; and consent clauses are likely to be deemed unfair and unenforceable under UK law. It recommends that in the short-term the Competition and Markets Authority should undertake a compliance review of DTCGT contracts in order to improving contracts for consumers. In the long term, companies should also be complying with data protection law, as well as legislation on medical devices and the provisions of the Human Tissue Act and there may be a need for industry specific legislation.

This research examined the development of consumer product manufacturer's liability between 1890 and 1981. h large percentage of the manufacturers were involved in monopolies, suppression of free trade, price conspiracies, and fraudulent advertisments. Negligence in design and manufacture frequently resulted in defective products. Responsible writers exposed: dangerous foods; chemicals; insecticides; unethical manufacturing methods; and numerous injuries or deaths from defective consumer products. Three periods of organized consumerism, 1890-1917, 19271941; and 1962-1981, created congressional pressure for consumer-oriented legislation. Five presidents used the power of their offices to pressure congress to protect the public. The states adopted the federal Workmen's Compensation Law of 1908 to provide assistance for individuals who suffered job-related injuries or death. Additional consumer-oriented laws enabled injured workers to sue for damages through the courts. Organized women's clubs worked through industrial representatives and congress to correct flagrant manufacturing abuses and establish standards.