Consumer law redress and administration, product safety regulation and contracts: Comparing Japan and Australia

Abstract

This article explores developments in consumer law and practice in Japan as an important area that has not seen much comparative scholarship in Western languages despite significant developments over the last 10-20 years. The article connects developments to broader debates about the nature of contemporary Japanese law and society, as well as the trajectory of consumer law more generally, by mainly comparing Australia although other jurisdictions are also discussed. The comparative analysis first explains the persistent problems around consumer redress. It then focuses on issues and reforms in consumer affairs administration, including the functions of reforming and enforcing consumer laws, the relationship with competition law concepts and regulators, and the relationship between consumer affairs regulators and other government agencies or stakeholders. The article then examines developments in consumer product safety law and contracts, including new challenges from e-commerce and digital technologies, before drawing conclusions reiterating the usefulness of socio-legal comparisons of consumer law.