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Normative Standards and Global Law-Making

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Chapter Summary

This chapter consists of three parts. Part 1 sketches the development of 'global law-making' in private law and proposes a new theoretical model aimed at law-making across different levels of regulation. Part 2 tests the model through a short case study on European consumer law. Part 3 draws together the lines that were set out in the previous parts. The 'average consumer' is a central standard in European Union (EU) consumer law. The EU law concept of the 'average consumer' is also used for normative evaluation. The definition adopted by the Court of Justice of the EU (CJEU) therefore is in principle a normative standard on the basis of which the 'presumed expectations' of consumers are assessed. Global law-making based on normative standards should at least make transparent which content comes from regulatory goals and which is the result of a more principled private law approach.

Keywords: average consumer; CJEU; European Union (EU) consumer law; global law-making; normative standards; private law

10.1163/9789004260955_013
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