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This is the first book to offer a comprehensive overview of modern seaports from a legal perspective. Further, it provides a basic toolkit for establishing a legal doctrine of seaports, the instruments of said toolkit being the very few legal norms specifically targeting seaports, which are examined as such rather than through the lens of other, more established disciplines, such as the law of the sea or transportation law. It is a first, necessary step toward giving seaports the status they rightfully deserve in legal studies. Despite centuries of international law studies and decades of EU law evolution, seaports have remained stuck in limbo. From a law of the sea perspective, seaports belong to the land, an approach that is often clearly reflected in national maritime legislation. The other branches of international law do not focus on seaports, since they are considered to belong to the sea. The port communities, for their part, have availed themselves of the “port specificity” concept. In recent decades, containerization has transformed ports into key hubs of the globalized economy, but also into vital checkpoints of the War on Terror, due to the security risks posed by the millions of sealed containers circulating worldwide. Moreover, tragic maritime incidents have shown that seaports are the only reliable sentinels of the seas, being the only places where the systematic inspection of ships is feasible. This has led to the adoption of specific international and EU rules. Those rules, however, remain fragmented, highly specialized and technical; as such, they are unsuitable for creating an organic legal seaport regime: this objective can only be achieved with a significant contribution from legal doctrine.
The Belt and Road Initiative and the Law of the Sea offers insightful discussions on the use of oceans in the context of the Belt and Road Initiative covering navigational safety, marine energy and sea ports, maritime law enforcement and access of landlocked states to the sea.
This textbook on the law of the sea sets the subject in the context of public international law. It comprehensively covers the principal topics of the course, from the legal regimes governing the different jurisdictional zones, to international co-operation for protection of the marine environment and marine living resources.
Port Economics, Management and Policy provides a comprehensive analysis of the contemporary port industry, showing how ports are organized to serve the global economy and support regional and local development. Structured in eight sections plus an introduction and epilog, this textbook examines a wide range of seaport topics, covering maritime shipping and international trade, port terminals, port governance, port competition, port policy and much more. Key features of the book include: Multidisciplinary perspective, drawing on economics, geography, management science and engineering Multisector analysis including containers, bulk, break-bulk and the cruise industry Focus on the latest industry trends, such as supply chain management, automation, digitalization and sustainability Benefitting from the authors’ extensive involvement in shaping the port sector across five continents, this text provides students and scholars with a valuable resource on ports and maritime transport systems. Practitioners and policymakers can also use this as an essential guide towards better port management and governance.
The COVID-19 pandemic, Brexit and the US-China trade dispute have heightened interest in the geopolitics and security of modern ports. Applying a multidisciplinary lens to the political economy of port security, this book presents a unique outlook on the social, economic and political factors that shape organised crime and governance.
In 2001, the European Commission published its so-called Ports Package, a first attempt at developing a European policy for seaports. The Ports Package includes a Directive on Market Access to Port Services, which will influence the port industry thoroughly and lead to fundamental changes in daily port operations. In this volume, academics as well as practising lawyers from France, Ireland, Italy and Belgium describe the legal framework for the several branches of the port sector, recalling the far-reaching practical implications of existing general EU law and discussing the latest versions of the Port Services Directive proposal. Completed by authoritative views from the head of the Commission's ports unit, a specialist MEP, and representatives from both the public and the private port sector, this book offers a fairly complete overview of existing port law as well as the main points of concern in the policy debate. Its purpose is to serve both as a policy background document and as a working tool for public and private port players, as well as for academics and lawyers.
In twenty years, the globalization of trade has led to a change in scale that has upset the balance of power between the players in online containerized maritime transport and the logistics chain passing through European seaports. Three global shipping alliances dominate 90% of online containerized maritime transport, while further integrating port activities. Twelve Asian ports, eight of which are Chinese, are now among the top fifteen in the world. At the same time, Chinese interests, supported by public authorities and resources, are taking control of terminals and port companies in Europe, as part of the geopolitical project of the New Silk Roads. This economic and industrial context is emblematic of the challenges facing European competition law, which has so far accompanied rather than controlled these transformations. European competition rules will have to be mobilized in a global context, alongside the new rules on the control of foreign direct investment. This study takes stock of the new regulatory challenges in this sector of prime importance for the Union.
"May 2009."--T.p.
This book analyses he implementation of the United Nations Convention on the Law of the Sea (UNCLOS) in the light of state practices of China and Japan. The special character of the book can be found in its structure of comparative analysis of the practices of China and Japan in each part. The focus is on historical aspects (Part I), implementation of the UNCLOS (Part II), navigation (Part III), mid-ocean archipelagos (Part IV), the marine environment (Part V), and dispute settlement (Part VI). By taking this approach, the book elucidates a variety of aspects of history, difficulties, problems, and controversies arising from the implementation of the UNCLOS by the two nations. Furthermore, contributors from China and Japan tend to show different perspectives on the UNCLOS, which, by clarifying the need for further debate, are expected to contribute to the continuing cooperation between the academics of the two states.
With 80 percent of the world’s commodities being transported by water, ports are the pillars of the global economy. Port Management and Operations offers readers the opportunity to enhance their strategic thinking and problem-solving skills, while developing market foresight. It examines global port management practices at the regulatory, commercial, technological, operational, financial, and sociopolitical levels. This powerful sourcebook describes how seaports are being affected by the changes occurring nationally, regionally, and globally. Evaluating the new regulatory framework, it pinpoints the industry’s implementation readiness and identifies potential problem areas. The book classifies the spectrum of interrelated port management principles, strategies, and activities in a logical sequence and under four cornerstones—Port Strategy and Structure, Legal and Regulatory Framework, Input: Factors of Production, and Output and Economic Framework. Detailing best practices and the latest industry developments, the book highlights emerging challenges for port managers and identifies opportunities to develop forward-thinking strategies. It examines the effectiveness of current strategies, tactics, tools, and resources of numerous global ports and highlights the necessity of adopting a proactive stance in harmonizing the laws, regulations, and policies pertaining to the maritime, oil, and gas industries. The shipping industry has myriad complexities and this book provides maritime managers and professionals with the wide-ranging and up-to-date understanding required to thrive in today’s highly competitive and evolving environment.