Lloyd's Maritime and Commercial Law Quarterly
EC SHIPPING LAW
EC SHIPPING LAW. Vincent Power, B.C.L., LL.M., B.L., Director of EEC and Competition Law, A. & L. Goodbody, Dublin. Lloyd’s of London Press, London (1992) lxxxix and 580 pp., plus 178 pp. Appendices and 13 pp. Index. Hardback £95.
Until the mid-1980s, there had been relatively little action in respect of shipping at the level of the European Communities. Maritime policy touches sensitive political nerve-ends, which makes difficult the achievement of a common transport policy as envisaged in Art. 74 of the EC Treaty; this problem, of course, was foreshadowed by Art. 84(2), which left it to the Council of Ministers to decide whether, to what extent and by what procedure appropriate provisions should be laid down for sea (and air) transport. However, a veritable “sea change” took place in the 1980s, in particular with the adoption of the “1986 Package” of four regulations dealing, respectively, with freedom to provide maritime transport services between Member States and between Member States and third countries, competition law, unfair pricing practices and free access to cargoes in ocean trades.
This book presents the shipping law of the EC as at 1 January 1992. Its scope is considerable. The early chapters consider the significance of shipping in the EC generally and in specific Member States and also describe the functions of the numerous international organizations involved in shipping matters, such as IMO, ILO and UNCTAD. After a chapter on the organic structure of the EC, the author proceeds to chart the development of EC Transport Law. Thereafter specific matters are considered in detail: establishment and registration, freedom to supply maritime services; employment and social security law; competition law; dumping; free access to cargoes in ocean trade; state aids; consortia (the position of this chapter is an anomaly: why is it not incorporated within the section on competition law?); environmental law; shipbuilding; relations between the EC and the rest of the world; safety at sea; navigation; pilotage; ports; carriage of goods and passengers; the Brussels Convention; and, finally, “1992”. Relevant legislation, delegated legislation and other matters are included as appendices.
This work is a remarkable piece of scholarship. The contents just described reveal that it is about much more than, though it includes, the 1986 Package. It is written with great clarity and the text is admirably supported throughout by excellent footnoting containing a wealth of references to further literature, speeches, parliamentary answers, reports and other matters. The treatment of the evolution of EC law is of considerable interest and the author throughout explains the commercial context in which that law operates. The book itself is beautifully produced: the list of contents is clear and extensive; there is an excellent bibliography; a full list of abbreviations is useful given that there are references to fairly esoteric source materials; the text is easy to read. Altogether it is a very handsome work.
This book will be of interest to any practitioner involved in aspects of maritime transport. It is by a long way the best treatise on this subject yet to have emerged. Not only “niche practitioners” will be interested in this book; so too will anyone interested in the development of
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