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Law School Lunchtime Research Seminar - Wednesday 20 November 2024

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Location: S2.09 / S2.12

Guest Speaker: Professor Jorge Morais Carvalho, NOVA University Lisbon

Title: 'Orientation towards sustainable consumtion as a fundamental principle of consumer law'

Abstract: In my research, I have identified eight principles that explain the specificities of consumer law (transparency, fairness, reflection, balance, conformity, solvency, orientation towards the market and innovation and orientation towards sustainable consumption) and which, together with the general principles of law and private law, form the basis for analysing any legal rule or decision in this field. I believe that if it is not possible to find justification in one of the principles, or in a set of principles, then the rule or decision should not be valid, and it is necessary to find another rule, interpret the rule in another way or decide in a different direction. After laying all the principles as a foundation, I propose to zoom in on the principle of orientation towards sustainable consumption. The issue of sustainability has entered consumer law quickly and intensively in recent years, especially since 2020. After many years of tendency to distance themselves, consumption and sustainability are now travelling along a single path, with the aim of guiding policies and laws to promote more sustainable consumer choices. The identification of a consumer law principle based on the link with sustainability is inevitable, determining a necessary orientation towards more sustainable consumption. Both environmental and social sustainability are at stake. Consumer law has a growing relationship with human rights and is one of the potentially effective instruments for more ethical choices. The link is particularly evident with regard to labour exploitation in various sectors in certain geographical contexts, raising the question of whether consumers have the right to be informed about the conditions under which goods are produced. The link between consumer law and sustainability is twofold. It can lead to an increase in consumer rights or to their limitation. I will provide some examples throughout the session.

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