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The Review Of The Chinese Shipping Competition Legal System

Posted on:2008-05-23Degree:MasterType:Thesis
Country:ChinaCandidate:B LiaoFull Text:PDF
GTID:2166360242969969Subject:International Law
Abstract/Summary:PDF Full Text Request
International shipping market is such a special area that the application of competition law in this area has its specific characteristics. Many countries, especially the developed ones, such as EU and United States make some specific rules to regulate the international shipping competition. The author reviews the legal system for international shipping industry in EU and United States and then explores the rationale for the legislation and continuing existence of those regulations. At the end of this dissertation, the author tries to discuss the similar problem in China and put forward some constructive suggestions to establish our legal system of international shipping competition legislation.This dissertation is composed of four parts. Firstly, it concerns the basic theory of international shipping competition legislation, such as the goal of the law, the affirming principles and the characteristics of international shipping competition, in order to set up the theoretical basis for and obtain a whole picture of the following specific legal system of international shipping competition legislation. This part focuses on the basic goal and political aim of the competition law, the reasonable principles and the theory of efficient competition, all of which underlie the formation of the special rules in the field of international shipping competition.Secondly, it observes and introduces the specific legal systems of international shipping competition legislation in EU and United States and makes a comparison between them. Generally, both of them take the international shipping market as a special situation and set exemption conditionally from the Competition Law, but as far as the particular subject, scope, condition, extent and mode is concerned, both legal systems differs from each other and exemptions in America seem more strict than that in Europe.Thirdly, it, on the basis of the part one and concerned analyses, it make such comparison and upon the situations and conditions of China, and point out several problem of China's legal system of international shipping competition legislation, which can't function well in such area as THC and out of order competition in Sino-Japan line.At the end of this article, author proposes several suggestions to Amend Chinese International Shipping Regulation and designs the specific legal frame in details.
Keywords/Search Tags:liner shipping, competition, competition law, antitrust exemption, and legislation
PDF Full Text Request
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