Liner Conferences

Abstract: The focus of this thesis is on liner conferences. Liner conferences are formations of lines collaborating or otherwise operating collusive on specific routes at fixed schedules. Other definitions will follow. The outline comprises three parts over seven chapters whom each will end in an analytical summary of its content The first part introduces the reader to the historical background of shipping in general, and liner conferences especially, both from a private and public perspective, but also a brief presentation of protectionism in its earliest forms, as well as recent reformed utilisation of preference programmes. History gives evidence for conferences schemes being exploit by governments as a tool to battle off activities of foreign lines, and sometimes are the victims of subsidies programmes. This will be followed by a description of the operation and characteristics of liner conferences, the common elements thereof, merits, flaws and some relevant competition problems. The second part, a comparative study of three different legal regimes, United Nations - United States - European Union, in relation to liner conferences&semic what legal background the three have committed to, how the different regimes have influenced each other and, where relevant, the situation today. The chapter on the EU is the dominating section as well as the main subject of investigation within the frame of this essay. The UN and US chapters nevertheless provide the reader with important information for the further reading of the easy, the EU. Interesting legally, and naturally presented below, for this essay are, concerning the UN - the UNCTAD Code of Conduct for Liner Conferences, regarding the US - the Shipping Acts of 1916 and 1984 but also the recent Ocean Shipping Reform Act, and vis-à-vis concerning the EU - Council Regulation 4056/86. To the investigation important cases, from both US, but principally, EU Courts, will be presented and concerning the EU also an insight into the application of Council Regulation 4056/86 with Commission decisions and the practice of the Court of First Instance and the European Court of Justice. The third part of the essay, one lone concluding chapter, attempt to summarise and analyse the whole of the essay, hopefully clarify its content and connect some loose ends in the mind of the reader. Liner conferences, albeit being competitively infringing cartels, are vital to shipping and world trade as a facilitator and stabilisator of various factors involved therein. This, however, does not completely excuse such behaviour and intuitively one is tempted to dismiss liner conferences as a future component of world trade. The fate of conferences ultimately lies in the hands of consumers, but in reality only the mighty economic powers can alter the present situation, not developing countries.