Economic theory has always focused on the attitude of regular line carriers to quantities and prices. Two different situations have been described: monopoly - e.g. maritime conferences - and competition. Recent research has questioned these «two extremes» theories. The "contestable market" theory, put forward by W.J. BAUMOL, J.C. PANZAR, R.D. WILLIG, stresses the fragility of monopolistic positions, threatened by potential competition and the diversification of multiproduct entreprises. Therefore, anti-trust legislation seems to have outlived its usefulness as self-regulation seems to occur naturally in the market place.
The emergence of logistics chains: facing increasingle uncertain markets, industrial companies had to rationalize the physical route of goods (from supply to final delivery). For this, they have established a computer-based information system (telematic), the function of which is to pilot and keep track of the goods anywhere between their origin and their destination, based on the fundamental criteria of service quality: delivering the goods ordered at the required time. With this end in view, the logistic chains specify standards for the circulation of goods, by introducing a coding of the goods in movement.Fitting the transport chains within the logistic chains: these circulation standards, specified by the logistics chains, lead to reorganizing the chains of international transport ; the purpose of this being to achieve the optimum combination between the imperatives of delivery and the efficiency of the various links of the chain. From this view-point, containerization of goods seems to bring solutions as much for the quality service as for cutting costs in each link. This reorganization of the chains of international transport and their insertion in the logistic chains is well illustrated in the emergence of two levels of economic regulation:- the chain, which pilots the goods within the physical network of transport;- the sequence, which "smoothes" (adapts) the load distribution to meet the circulation standards omitted by the chain.Adapting maritime transport […]
The presentation of facts in maritime economics is subject to many problems of methodology for companies as well as for nations.For companies, a new unit of measure for shipbuilding, the compensated registered ton, was developped in France and has been used internationally since 1968. The use of this new unit has resulted in marked improvements in the presentation of economics facts. There has, however, been no such development of unit of measure for maritime transport and for port and harbor activities, although research for the latter seems to be under way in France.At national level, the monetary measure of shipping and port and harbor services exchanges between one country and the rest of the world or between two countries has had a sporadic development. The balance of payments, computed on IMF bases, cannot provide an unquestionable accounting. In France, the balance of freight and passenger revenues "balance des frets et passages" and more particularly the National expenditures for maritime transport "Dépense Nationale de transport maritime" have more or less remedied this failing.The entry of France into bilateral agreements covering maritime commerce has provided the impetus for the creation of the freight revenue account "le compte de frets" to evaluate the balance of the exchange in shipping services. This method may sooner or later become indispensable as a result of the application of the UNCTAD Code of Conduct.
This paper endeavours to identify some legal problems which recently have arisen in the maritime commerce between France and the African states.Such commerce, however on the whole satisfactory, has encountered a first problem, arising from the diversity of applicable legal régimes, and the difficulty of choosing the appropriate one among them. Since 1960 many African states have enacted their own maritime laws, without adhering to the 1924 Brussels international convention on the maritime carriage of goods, the so called Hague Rules. Also, States which have adhered to the 1924 Convention have not adhered to the 1968 Brussels Protocol modifying the Convention, and adhered to by France. Thus, it is almost impossible, without costly litigation, to ascertain the very legal status of a given contract of maritime carriage between France and an African state, such status varying according to the court before which the case is brought. And the choice of law has important consequences. In case of transportation of the heavy goods, the amount of compensation accorded to the consignee, if the goods are damaged, may vary from 1 to 100, or even more.The only means to eliminate any uncertainty will be, for the African states, to adhere to the Hamburg Rules of 1978, more especially as such rules are favourable to them.Another problem, arising in cases of transportation of large volume of goods spread out along a long period of time, is the problem of choice between a contract of […]