Comparison And Reference, Of Europe And The United States Maritime Competition Law

Both EU and US pay great attention to the study of maritime competition law. They gradually established a relatively sound system of maritime competition law to safeguard the healthy development of their shipping industry. However, maritime competition law has not been initiated here in China. Few authors have studied the subject yet. With more opening up in China's maritime sector, issues broke out one after another since the beginning of 2002. All the issues have great impact on China's shipping industry and relatively cause market disturbance. Because of some loopholes in this area, these issues cannot be reasonably settled down by virtue of law. Thus, the study of maritime law is very practical and worthwhile.In the dissertation, by concentration on six issues presented in the preface, the author studies the US and EU maritime competition law positively and comparatively. As a result of such comparison and upon the situations and conditions of China, the paper provides two detailed tables and pertinent proposals to establish relative rules and regulations in the country.In the first chapter, the conception of the subject has been studied. Maritime competition law may be defined as a law regulating relations between maritime competitors and between maritime competitors and the competent authorities. It shall be viewed as a complete inclusion of maritime cooperative agreement system, maritime anti-dumping system and other relating systems.The second chapter provides the comparison between US and EU maritime competition law. The author discovers almost every same and different technical factor thereof. Two tables are thus produced to make a full presentation of the comparison.The third chapter contains some macro analysis between US and EU maritime competition law. Taking into account several factors that affect the US and EU maritime competition law, the author discovers important reasons why those sameness and differences are formed. The sameness thereof may be attributed to the reasonable existence of maritime cooperative agreement and the careful re-consideration of free competition. The differences may, however, be due to the great difference between US and EU interests in the maritime sector. US stands for shippers while EU represents carriers. One paramount conclusion of this chapter is that the law of maritime competition is determined by the maritime interests of that country and then promotes such interests accordingly.In the fourth chapter, all the results from the previous chapters are willingly adopted to shed light upon the establishment of China's maritime competition law. The author carefully examines recent issues arising out of China's shipping industry and positively studies the relevant rules and regulations of our country. Loopholes are thus underlined to emphasize the importance and urgency of the maritime competition legislation. As to practical proposals, theauthor sums up US and EU experiences and details reasons for every proposal. Some proposals are set for the principle values of China's maritime competition law, its legislation model and the way of monitoring. "Monitoring in advance and dynamic legislation" is one of the new notions proposed in the paper. Other proposals, however, are aimed at details in terms of how the rules may be and why it should be like that. US maritime cooperative agreement system and EU maritime anti-dumping system underlie these proposals. The paper also presents reasons for incorporation and non-incorporation of US and EU legislations. All the proposals herein make the paper a practical solution to the problems China now encounters in the maritime sector.The dissertation includes the latest development of US and EU legislations and discusses the nature of maritime competition law. The way of analysis is comparative and the author seeks to disclose every factor that affects the law. The conclusion has been reached that based on its maritime interests, China may use US's experience to establish maritime cooperative agreement system and EU's lessons to set up maritime anti-dumping law.