| The theoretical basis of anti-monopoly immunity system in internationalshipping industrial (“Shipping Immunity”) relies on two aspects, one is the good andbad side of monopoly to the market competition, the other hand is the industrialcharacter of the international shipping, in the primary phase of the internationalshipping development, the shipping developed countries established the ShippingImmunity system of the country.Along with the further promotion of the deregulation reformation of internationalshipping, the development trend of Shipping Immunity system has been transferredinto option immunity from general immunity. Currently, European Union (EU) hasformally established the option immunity in the legislation, which cancels theimmunity of Liner Conference and keep the immunity to associated agencies andstrategic alliances, America, Australia, Japan currently implement the generalimmunity as result of their uniform legislation mode, but some of the country hasre-assessed their immunity system, and inclined to cancel the immunity to LinerConference and Discussion Agreements.In the current phase, china has faced seriously disordered international shippingmarket and lacked sufficient legislation to control it. China promulgated TheRegulation on International Shipping to require the shipping company register theLiner Conference Agreements, Operational Agreements and Freight Agreement, which imply that china allow the conduction of international shipping organizations inChinese territory. However, we still lack sufficient legal base to confirm whether ornot china grant the immunity to international shipping organizations according to thecurrent regulation of Anti-Monopoly Law and The Regulation on InternationalShipping.Therefore, whether or not establishing the international immunity and how toestablish the system in china has become an important issue to discuss. This paperwill describe the issues from following four aspects.The first part will introduce the challenge encountered by Chinese ShippingImmunity; this part focuses on the relationship between competition and monopoly,the theoretical basis of anti-monopoly immunity and the historical development of theShipping Immunity to introduce the system and theoretical basis of ShippingImmunity, and briefly describe the current status of Chinese legislation onanti-monopoly and shipping, all of which will lead to the challenge encountered byChinese Shipping Immunity and the strategy to settled.The second part will exactly introduce the Shipping Immunity system, this partwill describes the theoretical basis of Shipping Immunity from the aspects ofeconomic, society and industrial poly, and specifies the International ShippingAgreement Organizations, the subject of the shipping immunity, to reveal the reasonwhy such Agreement is granted shipping immunity and the develop trend of theShipping Immunity under the international transportation deregulation reformation.The third part will exactly described the legislation practice and developmentdirection of the Shipping Immunity, this part will focus on the current status anddevelopment direction of the shipping immunity to Liner Conference, DiscussionAgreements, Operational Agreements by the means which introduce legislationpractice and development direction of the shipping developed countries on foregoingsubjects, and to pave the road for the fourth part.The fourth part specifies how to establish Chinese Shipping Immunity, this partmainly demonstrates that China should establish option immunity system inaccordance with its reality and international development trend, then describe the primary legal framework for establish the Shipping Immunity... |
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