This is the most comprehensive review of maritime cabotage law. It introduces the new theory of Developmental Sovereignty to jurisprudence. This book challenges the established and accepted wisdom surrounding maritime cabotage by presenting new reasoning on the underpinning principles of the concept of maritime cabotage law.

This is the most comprehensive review of maritime cabotage law. It introduces the new theory of Developmental Sovereignty to jurisprudence. The maritime cabotage law provisions and approaches as adopted in many states and jurisdictions has been extensively scrutinised. This book challenges the established and accepted wisdom surrounding maritime cabotage by presenting new reasoning on the underpinning principles of the concept of maritime cabotage law. The book offers a vibrant discussion on the adjustment in the regulatory approaches of maritime cabotage, from one that was intrinsically premised on the idea of national sovereignty, to one that now embraces the broader ideology of development. It investigates what the common understanding of the law of maritime cabotage should be and on what intellectual basis it can be justified. It reduces the inconsistencies and confusion that surround the concept and application of maritime cabotage law, to provide a more certain and more robust concept of maritime cabotage.

Since the beginnings of international law, the law of the sea has been of paramount importance for international trade. Yet this area of law and international trade regulations have developed as two distinct areas with little interface with each other. As the GATT/WTO emerged in parallel to the LOS Convention since the 1970s, both bodies have made extensive efforts in international treaty making. However, the relationship between trade regulations and the law of the sea has hardly been explored. The author examines some key aspects of this relationship, in particular port entry, access to cargo in coastal shipping (cabotage) and access to cargo in international shipping. The inclusion of services in WTO law will render this relationship of great importance in the future as the agreement extensively covers maritime transport. It is just a matter of time until the current exclusion of maritime transport under special exemptions will be reviewed in future negotiations. The book provides the background and a normative basis for approaching some of the problems which members of the WTO will have to address in coming years. It also deals briefly with the problem of choice of law and competing jurisdictions between trade law and maritime law.

Maritime competition as an economic phenomenon is currently influenced by a number of factors both at EU and international level. From a legislative point of view, the recent repeal of EC Reg. 4056/1986 affects the treatment of horizontal agreements not only in the liner but also in the bulk sector, which was excluded until recently from the scope of EC secondary competition rules. However, competition distortions are not only a question of private arrangements. They emanate also from measures and practices incompatible with the freedom to provide services, Member states’ protectionism and international mandatory regulation. This volume comparatively and comprehensively examines all these issues, by bringing together contributions from distinguished academics. Particular focus is given on private shipping cartels, the liberalization of cabotage and port services, indirect competition-distorting factors and the latest developments on international regulation of carriage of goods by sea.

How has an archaic, burdensome law been able to persist for a century? Passed in 1920, the Jones Act restricts the waterborne transport of cargo within the United States to vessels that are U.S.-flagged, U.S.-crewed, U.S.-owned, and U.S.-built. Meant to bolster the U.S. maritime sector, this protectionist law has instead contributed to its decline. As a result, today’s U.S. oceangoing domestic fleet numbers fewer than 100 ships. Beyond leaving a shrunken and uncompetitive maritime sector in its wake, the law has also inflicted considerable damage on the broader U.S. public that range from higher transportation costs to increased pollution. The chapters in The Case against the Jones Act delve into some of the act’s founding myths and the false narrative its supporters have helped to perpetuate. The book evaluates the law’s costs, assesses its impact on businesses, consumers, and the environment, and offers alternatives for a way forward. The Jones Act’s failures reveal that the status quo is untenable. Contributors to this volume hope that the evidence presented will spark discussion about the Jones Act and lay the groundwork for the repeal or significant reform of this outdated law.

In this work, the contributors examine the public law and policy framework for shipping and maritime trade, the complex relationship between shipping and the marine environment.

A previous winner of the Comité Maritime International’s Albert Lilar Prize for the best shipping law book worldwide, EU Shipping Law is the foremost reference work for professionals in this area. This third edition has been completely revised to include developments in the competition/antitrust regime, new safety and environmental rules, and rules governing security and ports. It includes detailed commentary and analysis of almost every aspect of EU law as it affects shipping.