Authors: Rolf H. Weber
Addresses: Faculty of Law, University of Zurich, Rämistrasse 74/38 CH, 8001 Zurich, Switzerland
Abstract: The relations between unfair competition and human rights in the market activity-oriented field, which have not yet been studied in-depth, need to realise an interests' balancing test in the light of consumer autonomy, based on the assumption that a consumer as an individual also fulfils specific functions in the market and that human rights provide the liberty to make choices. A new concept would have to overcome the notion of the passive role of consumers and consequently the concept of defensive rights of consumers. Furthermore, if consumers are aware of risk assessments and precautionary measures, their autonomy can be exercised in a manner which leads to the situation that a policy shift away from protecting pure economic success to the detriment of health or safety or environmental concerns is occurring.
Keywords: consumer involvement; indirect effects; human rights; consumer interests; balancing tests; precautionary principle; risk assessments; transparency; consumer autonomy; unfair competition; market activity; passive role; consumers; defensive rights; precautionary measures; policy shifts; economic success; environmental concerns; occupational health; occupational safety; public law; public policy.
International Journal of Public Law and Policy, 2013 Vol.3 No.1, pp.1 - 32
Received: 08 May 2021
Accepted: 12 May 2021
Published online: 10 Dec 2012 *