美國의 海運 政策 關聯法의 問題點과 影響

Abstract

This paper is regarding the Problems and Effects of U.S.A Shipping Policy Related Acts against worldwide shipping market. We have a longtime good relationship with U.S.A in various fields as well as shipping parts. And U.S.A shipping acts have impacted on worldwide shipping including Korea's.

This subject focus on attaining five purposes 1) The history of U.S.A Shipping Acts. 2) Shipping Act of 1984. 3) The U.S Ocean Shipping Reform Act of 1998. 4) The Problems and Effects of U.S.A Shipping Policy Related Acts. 5) The Korea shipping countermeasure against U.S.A Shipping Act.

This study consists of six chapters. The first chapter reads a general introduction of this subject. The second chapter, the review of the history of U.S.A shipping acts as in age order with Shipping Acts and Merchant Marine Acts respectively.

The third chapter lay out the descriptions of Shipping Act of 1984, and the effects on the world shipping market. And then, the fourth chapter concentrate on the U.S Ocean Shipping Reform Act of 1998, from that it was passed by Congress and signed into law in October 1998. its provisions take effect May 1, 1999. The fifth chapter critically reviews in current U.S.A shipping act's injustice aspects. and propose the countermeasure to cope with current U.S.A shipping act. finally, the last chapter offers a conclusion to this paper.

The America shipping policy is consisted in Shipping act and Merchant Marine Act which are two public law scheme. However, they don't distinguish them each other. Shipping act is for externally enacting America shipping policy specially against shipping conference and worldwide shipping market. Merchant Marine Act interiorly purposed the America shipping industry promotion.

The shipping act of 1916 was the first United States legislation which was used to regulate the practices of steamship liners serving within the United States.

And then, it was adjusted into shipping act of 1961, newly the shipping act of 1984 was legislated to establish a nondiscriminatory regulatory process for the common carriage of goods by water in the foreign commerce of the United States with a minimum of government intervention and regulatory costs, and to provide an efficient and transportation system in the ocean commerce of the United States that is, insofar as possible, in harmony with, and responsive to, international shipping practices, and to encourage the development of an economically sound and efficient United States-flag liner fleet capable of meeting national security needs.

Also it was reformed into 'the Ocean Shipping Reform Act of 1998', and the purpose was added 'To promote the growth and development of United States exports through competitive and efficient ocean transportation and by placing a greater reliance on the marketplace.'

Currently, the Ocean Shipping Reform Act of 1998 modifying the shipping Act of 1984 is coming into effect in worldwide shipping market.

It has many injustice aspects as follows.

1) It's excessive a protective policy to the United States shipping liners. Therefore, FMC restricts the worldwide shipping market and oversea shipping liners.

2) The shipping liners should concentrate on U.S.A shipping acts in order to avoid violation.

3) Conference lost freight and market adjustment ability with the effectuation of shipping act of 1984 and OSRA, Therefore, if the market slow down, they may be liable to cause property damage.

4) The medium and small size shippers have a tough in the recent shipping market with the effectuation of shipping act of 1984 and OSRA

5) NVOCC will not be allowed to offer service contracts. Consequently, they are less competitive than common carriers.

The Korea liner companies have to overcome U.S.A shipping acts in this situation as following strategies. Firstly, they must meet the needs of the times on computerization age in global network fields. And then, shippers have to try to get more information on freight, liner service and so on. Also, they must organize shipper's association in order to contract more competitive freight and service condition with Liner.