PLANNED OBSOLESCENCE AND THE RULE OF LAW

This academic resource introduces planned obsolescence as a business strategy based on the design o planning, projection and control of (he usefuI lifetime of numerous products in order to boost demand and stimulate consurnption, encouraging individuals to purchase after the loss of functionality of its assets or its expiration. It also examines the most sígnificant cases that have led such a strategy: from inception to the present day. with a focus on the technology sector. In addition, it considers the attributes that make up the strategy of built-in obsolescence relevant for law. and also those that provide juridical relevance from different perspectives. relating to constitutional law, contractual theory, consumer protection law. antitrust law. prívate and public international law perspectives human rights and European Union Law.

PRESENTATION
Jesús Alfonso Soto Pineda

CHAPTER 1

PLANNED OBSOLESCENCE: A NON-RESTRICTABLE INDUSTRIAL PRACTICE? ANSWERS FROM CONSTITUTIONAL LAW, COMPARED LAW AND ABUSE OF THE LAW
Magdalena Correa Henao

1. Introduction

2. Planned obsolescence: What is It?

3. Planned Obsolescence from Constitutional Law and Legal Assets in Dispute

4. Answers from Sources of Law and Assessment

5. A Complementary Solution: An Answer from the Principle of Non-Abuse of Rights

II, Conclusion

Bibliography

CHAPTER 2

THE EUROPEAN UNION VS. PLANNED OBSOLESCENCE: A VAIN STRUGGLE?
Raquel Regueiro Dubra

I. Introduction

II. The lack of regulation at the international level

III. Common Market and consumer protection in the European Uníon

1. European consumer protection measures

2. The impact of obsolescence on the internal market

IV. The fight against planned obsolescence in the European Union: marginal, indirect and specific

1. Directive 2006/66/ ec on batteries and accumulators and their waste products

2. Directive 2009/125/EC on ecodesign

3. Directive 2008/98/EC on residues

V. The impetus of the European Economic and Social Committee and Directive 2014/53/EU

1. The first proposals of the European Economic and Social Committee

2. Directive 2014/53/EU

3. The latest developments

VI. Planned obsolescence and Member States

VII. Conclusion

Bibliography

CHAPTER 3

COMMENTS ANO ANSWERS TO PLANNEO OBSOLESCENCE THROUGH CONSUMER PROTECTION LAW
Jesús Alfonso Soto Pineda

I. Introduction

II. Consumer protection Law and Planned Obsolescence

1. On the subject of information

2. Regarding the possibility and decision of repairment
3. Considerations about contracts

4. The Warranty

III. Conclusion Bibliography

CHAPTER 4

PLANNED OBSOLESCENCE ACHIEVED THROUGH RESTRICTIONS IN THE AFTERMARKETS
Camilo Pabón Almanza

I. Consumers cannot anticipate the lifetime of each product

1. The lifetime of a product depends on the operation of two complementary markets

2. Information asymmetries - Eastman Kodak

3. Exploitation of the information asymmetries II. Governmental intervention to increase the lifetime of products

4. Cases in which intervention was not necessary - Keurig 2.0

5. If the Government intervenes

III. Conclusion

Bibliography

CHAPTER 5

THE "WINDING CRUSADE" AGAINST PLANNED OBSOLESCENCE: ADVOCATING FOR THE RECOGNITION OF AN ENVIRONMENTAL INTERNATIONAL CRIME AND THE INTERNATIONAL SUBJECTIVITY OF MULTINATIONAL CORPORATIONS
Jacqueline Hellman Moreno

I. The Definition of Planned Obsolescence and Its Consequences

II. The Status Qua of Environmental Regulation in the Field of Planned Obsolescence

1. General considerations on existing environmental regulation

2. The dubious effectiveness of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal

3. The role of the European Union in the field of planned obsolescence

III. The Recognition of Serious Environmental Misbehaviours as international Crimes

1.The consequences of recognizing serious environmental misbehaviours as international crimes: the application of the principle of universal justice and the action of the International Criminal Court

2. The desirability of subsuming planned obsolescence as a new environmental crime of an international nature: ECOCIDE

3.Is it possible to articula te the existence of responsibility when referring to international crimes committed by corporations?

IV. Conclusion

Bibliography

CHAPTER 6

CONSUMER PROTECTION AGAINST PLANNED OBSOLESCENCE AN INTERNATIONAL PRIVATE LAW ANALYSIS
William Fernando Martínez Luna

1. Introduction

2. Planned Obsolescence

3.Approach to the definition of planned obsolescence

III. Legal Forefronts Against Planned Obsolescence

1. Introd uctory Aspects

2. Planned obsolescence and Consumer Rights

IV. Applicable Law to the International Consumer Contract

1. European Union Law

2. Restriction of the Choice of Law rules

V. Conclusion Bibliography

CHAPTER 7

INTERNATIONAL CONFLICT OF LAWS AND OF JURISADICTION IN RELATION TO PLANNED OBSOLESCENCE
Lidia Moreno Blesa

1. Introduction

2. Consumer Law Rules

3. International jurisdiction

4. Applicable law

5. Liability caused by defective products

III. Competition Law

6. Competent jurisdiction

7. Applicable law

IV. Environmental Regulation

V. Conclusion

Bibliography

CHAPTER 8

L1GHT READING OF SOME OF THE DARK STORIES OF THE WORLD OF CONSUMPTION: PLANNED OBSOLESCENCE IN ITS ADVANCED CAPITALIST CONTEXT
Daniel Briggs

I. Introduction

II. The postmodern world

III. A brief history of consumption and social status

IV. Light reading: Manufacturing desirers seeking manufactured desires "I'm dying for the new Ipad" Meanwhile ... waiting to go on holiday at a London airport

V. Dark stories: Manufacturing misery Actually dying for your phone Meanwhile in a metro station in Paris

VI. Discussion: How planned obsolescence is advancing capitalism

Bibliography

ABOUT THE AUTHORS