Right-to-Repair, Product Durability and Obsolescence: A Legal Perspective

Authors

DOI:

https://doi.org/10.15294/jils.v9i2.1895

Abstract

There is a growing global consensus on the need to enhance product durability as a response to increasing concerns about waste and consumer rights. Modern equipment, including motor vehicles, farm and construction machinery, and consumer goods, has become more sophisticated, making repairs more complex and costly. Manufacturers often restrict access to repair manuals, software updates, and spare parts, or design products in ways that impede easy repair. This article examines the interconnected concepts of the right to repair, product durability, obsolescence, and consumer rights protection. The European Union (EU) has emerged as a leader in consumer protection initiatives, introducing comprehensive measures addressing the right to repair and product durability. These initiatives have been widely adopted, either fully or partially, by nations across the globe. This study analyzes the EU's key legislative and regulatory approaches, concluding that they are highly consumer-centric and provide a valuable framework for other jurisdictions. However, one critical area requiring further attention is product recycling. The article emphasizes that manufacturers, sellers, and recycling companies should be held accountable for managing their waste domestically, adhering to the highest workplace safety and environmental standards. Governments are encouraged to promote the reuse of products and establish systems that facilitate repair and reuse activities. Additionally, the authors advocate for an expanded research program to enable large-scale industrial recycling of consumer waste, ensuring a more sustainable and circular economy. This study highlights the importance of a holistic approach to addressing product durability and repairability, advancing global consumer and environmental interests.

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Author Biographies

  • Robert Brian Smith, Department of Law, Faculty of Science, Agriculture, Business and Law, University of New England

    Dr Robert Smith graduated with a BSc in 1969  and has pursued postgraduate studies in Education, Engineering and Law. He holds a PhD in engineering and has submitted his PhD thesis in law at the University of New England, Australia, where he has already been awarded an MPhil in law. Over the last 12 years, Robert has undertaken consulting in international development, specialising in institutional strengthening. He has led teams in several countries, including India, Sri Lanka, Myanmar, Nepal and Bangladesh. Dr Smith is also a prolific writer in the fields of law and international development. His MPhil thesis investigated the topic of "Fake News in ASEAN," while his PhD thesis, by publication, explored "IP Frameworks and Innovation in the Agricultural Sector in Southeast Asia – A Legal Perspective." All the papers prepared as part of the thesis research, and forming eight of the thesis Chapters, have been published as either book chapters, academic papers or conference proceedings. He aims to share his knowledge and experience with the broader community so that they can learn from and build on what he has written. His main research interests include ASEAN law, intellectual property law, fake news, and international development.

     

  • Nucharee Nuchkoom Smith, Department of Social Science, Faculty of Liberal Arts and Management Sciences, Kasetsart University

    Dr Nucharee Nuchkoom Smith is an assistant professor of international law at the Chalermphrakiat Sakon Nakhon Province Campus, Kasetsart University in Thailand. She obtained a PhD in International Trade Law from Western Sydney University, Australia. Nucharee holds bachelor's degrees in political science and law from Ramkhamhaeng and Thammasat Universities in Bangkok. She holds a Master of Political Science from Kasetsart University, Bangkok, and a Master of International Trade and Commerce Law from Macquarie University in Australia. Prior to her travelling to Australia to undertake her PhD studies, where she was an officer of the House of Representatives in the Thai Parliament. Her period of service covered one of the most turbulent periods in Thai parliamentary history.  She served as an Academic/Legal Officer to the House of Representatives Standing Committee on Foreign Affairs. She assisted with the writing of the clauses on International Trade Treaties in the 2007 Constitution. Her research interests include intellectual property, human rights, international trade, international business, and ASEAN law.  What's interesting is that before pursuing her PhD studies in Australia, Dr Smith was actually an officer of the House of Representatives of the Thai Parliament during a very tumultuous period in Thai parliamentary history. She served as an Academic/Legal Officer to the House of Representatives Standing Committee on Foreign Affairs, and even assisted with the writing of the Clauses on International Trade Treaties in the 2007 Constitution. Dr Smith's research interests are diverse and cover areas such as intellectual property, human rights, international trade, international business, and ASEAN law. 

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Published

2024-11-30

Article ID

1895

How to Cite

Right-to-Repair, Product Durability and Obsolescence: A Legal Perspective. (2024). Journal of Indonesian Legal Studies, 9(2), 767-798. https://doi.org/10.15294/jils.v9i2.1895