Lloyd's Maritime and Commercial Law Quarterly
BOOK REVIEW - UNITED STATES SHIPPING POLICIES AND THE WORLD MARKET
UNITED STATES SHIPPING POLICIES AND THE WORLD MARKET. Edited by William A. Lovett, Joseph Merrick Jones, Professor of Law and Economics, and Director International Law, Trade and Finance Program, Tulane Law School (1996), 334 pp. Hardback $75.
Professor Lovett has included in this book three interesting papers of his own, the first two—“Maritime Rivalries and the World Market” and “U.S. Shipping Policies”—take up the first 65 pages and the third—“Realistic Maritime Renewal”—the last 23. Interspersed are 11 papers, all by distinguished scholars, entitled “World Shipping Competition” (N. Shashikumar), “Flags of Convenience” (Dr Frank L. Wiswall, Jr), “European Union Shipping Policies” (Prof. Hannu Honka), “Labor Relations and the U.S. Merchant Marine” (William E. Thoms), “Maritime Safety and Environmental Regulation” (Capt. Richard D. Stewart), “U.S. Tort Law Problems” (Prof. Robert Force), “Marine Insurance and World Shipping” (Dennis W. Nixon), “Balance of Payments: Shipping Imports & Exports” (Dr Harold Katz), “U.S. Shipbuilding Potential in the World Market” (Robert G. Latorre), “U.S. Sealift and National Security” (Dr Wallace S. Reed), and “U.S. Shipping Politics since 1975” (Gerald Seifert).
Professor Lovett’s first paper presents an historic overview of seaborne commerce from 480 B.C. to 1993 with tables showing tonnages of main world ocean fleets from 1850 and the shifting naval power balances from 1859. His second paper traces peripatetic efforts to establish and maintain an American merchant marine from the earliest days in the 18th century with tables illustrating these trends and the cost to the U.S. in maritime subsidy outlays. Papers by other authors address problems besetting U.S. shipping from foreign competition, labour, the environment, tort law, insurance and the decline in shipbuilding capacity, only marginally attenuated by flags of convenience. One paper discusses EU shipping policies and their likely impact upon trade of non-Member States.
In his final paper, Professor Lovett addresses remedies for the U.S. shipping plight, offering proposals for open registers, generous tax treatment for shipping and shipbuilding, a requirement that all vessels visiting U.S. ports comply with U.S. environmental and safety standards, some restructuring of U.S. tort law, particularly punitive damages, the establishment of an independent Maritime Administration and the restoration of a healthy balance of payments, all to the end that U.S. prosperity and national defence capability be advanced by an adequate sealift capacity and a vigorous maritime policy wedded to a strong trade policy.
While some of the papers relate particularly to U.S. shipping and shipping laws, all of them apply in one way or another to all vessels visiting U.S. ports. The book, with its wealth of world shipping information, should be of interest to the general reader.
Herbert M.
Lord, Partner, Curtis, Mallet-Prevost, Colt & Mosle, New York.
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