Sustainability Labels in the Shadow of the Law (Studies in European Economic Law and Regulation, 22)

✍ Scribed by Eva van der Zee

• Publisher: Springer
• Year: 2022
• Tongue: English
• Leaves: 130
• Category: Library

✦ Synopsis

This book describes and examines three EU legal frameworks (EU competition law, EU consumer law, and EU fundamental rights law) that may affect the extent to which consumers purchase more sustainably. In doing so, this book goes beyond a rationalist understanding of the interpretation and application of EU law. Rational approaches have severely impacted the interpretation and application of EU law. Practice shows, however, that the implications of using a noncritical application of rationalist approaches in the interpretation and application of EU competition law, EU consumer law, and EU fundamental rights law to sustainability labels may have an inhibiting effect on sustainable consumption. The book offers remedies to overcome this inhibitive effect by critically applying insights from cognitive science and behavioral economics in the legal interpretation and application of EU law.

✦ Table of Contents

Foreword
What´s in a Label?
Acknowledgments
Contents
About the Author
List of Abbreviations
Chapter 1: Introduction
1.1 Aims and Research Questions
1.2 Methodology
1.3 Structure of the Book
References
Chapter 2: Regulatory Structure Underlying Sustainability Labels
2.1 Introduction
2.2 Theoretical Framework
2.3 Methodology
2.4 Results
2.4.1 Diversified Aim of Sustainability Labels
2.4.2 High NGO Involvement in Standard-Setting
2.4.3 Certification of Standards Often Through Private, Third-Party Certification
2.5 Conclusion and Discussion
References
Chapter 3: Sustainability Labels in the Shadow of EU Consumer Law
3.1 Introduction
3.2 Green Pictograms and EU Law
3.3 The Normative Benchmark of the Average Consumer´´ Based on ECJ Case Law 3.4 The Normative Benchmark of theAverage Consumer´´ and Behavioural Research
3.5 Experiments
3.5.1 Study 1
3.5.1.1 Design and Procedure
3.5.1.2 Results
3.5.2 Study 2
3.5.2.1 Design and Procedure
3.5.2.2 Results
3.5.3 Discussion
3.6 Conclusion and Discussion: The ``Average Consumer´´ Test and the Behavioural Study
References
Chapter 4: Sustainability Labels in the Shadow of EU Fundamental Rights Law
4.1 Introduction
4.2 Free Speech Protection in the European Union
4.2.1 Scope of Free Speech Protection of Food Businesses in the EU
4.2.2 Scope of Free Speech Protection of Communications on Food Labels in the EU
4.2.3 Limitations to the Free Speech Rights of Food Businesses on Food Labels in the EU
4.2.4 Conclusion
4.3 Free Speech Protection in the United States of America
4.3.1 Scope of Free Speech of Communications on Food Labels in the USA
4.3.2 Limitations to the Free Speech Rights of Food Businesses on Food Labels in the USA
4.3.3 Conclusion
4.4 Comparing the Different Approaches to Free Speech Protection on Food Labels in the USA and the EU
4.4.1 To Speak or Not to Speak: The Freedom of Companies to Express Themselves
4.4.2 Expression on the Food Label. Does the Food Label Have What It Takes?
4.4.3 Can Humble Honey Stay Humble? Whether Free Speech Includes the Right Not to Speak
4.4.4 Put the Lid On: How Free Speech on Food Labels Can Be Limited
4.5 Discussion: Food Businesses as Guardians of Sustainable Food information?
4.5.1 I Think, Therefore, I Am: The Corporate Nature of the Speaker as Justification for Corporate Free Speech
4.5.2 Give Me More: Consumer Interest to Receive Information as Justification for Corporate Free Speech
4.5.3 The Truth, the Whole Truth, and Nothing but the Truth: Public Interest in the Free Flow of Information as Justification ...
4.5.4 Commercial or Political? The Nature of Corporate Communication on Food Labels
4.5.5 Has Humble Honey a Free Speech Right Not to Speak?
4.6 Conclusion
References
Chapter 5: Sustainability Labels in the Shadow of EU Competition Law
5.1 Introduction
5.2 Article 101 TFEU and Its Possible Exceptions
5.3 The Welfare Standard Under EU Competition Law
5.4 Methods to Estimate Human Well-Being
5.4.1 Subjective Well-Being
5.4.1.1 Economic Cost-Benefit Analysis
5.4.1.2 Well-Being Analysis
5.4.2 Objective Well-Being
5.4.2.1 Resourcist Approach
5.4.2.2 Capabilities Approach
5.5 Incorporating HWB Analysis in Article 101(3) TFEU
5.5.1 Choice of a Discount Rate
5.5.2 Choice of Capabilities
5.5.3 Weighing and Balancing
5.6 Conclusion
References
Chapter 6: Conclusion and Discussion
6.1 The Regulatory Structure of Sustainability Labels
6.2 Interaction Between the Interpretation and Application of EU Law and Sustainability Labels
6.2.1 Sustainability Labels Within the Scope of EU Law
6.2.2 Interpretation and Application of Legal Provisions Relevant to Sustainability Labels That Fall within Its Scope at Natio...
6.2.3 Findings from Scientific Disciplines Informing the Doctrinal Analysis
6.3 Limitations and Contributions
6.3.1 Contributions to Legal Research and Methodology
6.3.2 Contributions to Legal and Policy Practice
References
Index