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Magister Legum - LLM

In this article, the author describes the problems that come through the Peruvian shipping companies because of misinterpretations made by the tax authority about the scope of the Law for reactivation and promotion of the National Merchant Marine; to harmful tax collection procedures and poor debt settlement system controversies between taxpayers and the Tax Administration. / En el presente artículo, el autor describe los problemas por los que viene atravesando las empresas navieras peruanas debido a las equivocadas interpretaciones que realiza la Administración Tributaria acerca de los alcances de la Ley de reactivación y promoción de la Marina Mercante Nacional; a los perjudiciales procedimientos de cobranza de deudas tributarias, y al deficiente sistema de solución de controversias suscitadas entre los contribuyentes y la Administración Tributaria.

A popularização dos contêineres no transporte de cargas gerais por volta dos anos 60 provocou significativa mudança no tráfego de mercadorias ao redor do mundo. A utilização deste equipamento simplifica e agiliza o processo de transporte e manuseio de cargas, uma vez que permite a movimentação entre diferentes modais com rapidez e segurança nas operações de carga e descarga. Neste contexto, esta pesquisa trata do problema que integra decisões de escolha de cargas a serem transportadas pelo modal marítimo com decisões de reposicionamento de contêineres vazios de modo a maximizar a receita total. O modelo baseia-se em um problema de fluxo em rede multiproduto, a partir da qual é proposta uma modelagem matemática inédita, que permite levar em consideração as principais restrições encontradas na prática tais como: horizonte de planejamento de longo prazo; diferentes tipos e tamanhos de contêineres; múltiplos navios, rotas e suas respectivas programações; rotas que permitem que um porto seja visitado mais de uma vez; capacidades dos navios em termos de número máximo de contêineres cheios e vazios por tipo e peso máximo total; para cada rota e trecho entre dois portos consecutivos; etc. O modelo proposto foi implementado em C++ e utiliza o software de otimização GUROBI, lançado recentemente, assim como uma planilha eletrônica para os dados de entrada. O mesmo foi comparado a um modelo da literatura que utiliza método heurístico para resolução de problema semelhante. O modelo também foi aplicado a problemas de diversos portes evidenciando que é capaz de resolver problemas até à otimização de maneira eficiente e em tempos de processamento reduzidos. / The popularization of containers in transporting general cargo caused a significant change in freight traffic around the world. The use of this mechanism simplifies and streamlines the process of shipping and handling charges, allowing you to move it between different transport modes, with speed and safety in loading and unloading process. In this context, this research deals the problem that incorporates decisions of cargo selection to be transported by sea with decisions involving reposition empty containers in order to maximize total revenue. The problem is modeled as a multi-product network flow problem and is proposed a novel mathematical model, which takes into account the main constraints encountered in practice, such as planning horizon of long-term; different types and sizes of containers, multiple ships and routes and their schedules, routes that allow a port to be visited more than once, and capacity of vessels in terms of maximum number of full and empty containers by type, and maximum weight for each route and the segment between two consecutive ports, etc. The proposed model was implemented in C++ and uses for its solution, the optimization software recently launched, GUROBI, as well as a spreadsheet for data entry. The same was applied to a problem of literature that uses a heuristic method to solve it. The model also was applied to several size of problems showing the model able to solve problem to optimality of efficient way and in processing time reduced.

Magister Legum - LLM

<p>Maritime shipping is the most important mode of transportation for international trade. About 70 to 80 percent of the value traded worldwide moves by sea [1]. An inherent problem in global shipping markets is that non-competitive pricing behavior among carriers is widely believed to raise the cost of freight [2]–[5]. It is also likely that the effects of this problem on international trade flows and welfare are magnified by restricted cabotage reservation schemes. Historically, countries have implemented such policies to prohibit foreign competition in domestic shipping markets. The effects of protection on international goods trade are reasonably well understood. The effects of protection on service trade are less straight-forward. Issues of quality become more important, but they are challenging to measure. Moreover, most of these cabotage reservation schemes ban service imports. Therefore, this makes it complicated to compare domestic and foreign services in the same market, given that service activities are place-specific. </p> <p><br></p> <p>In order to better understand the effect of non-competitive pricing behavior in global shipping markets on international trade flows and the incidence of cabotage reservation schemes in shipping markets, I develop three essays. In the first Essay I focus on quantifying the economic effects of non-competitive pricing behavior in the maritime shipping industry on (1) freight costs, (2) international trade flows, and (3) economic welfare. The research question that I answer is: what share of observed shipping freight charges is attributable to non-competitive pricing behavior in maritime shipping markets? I estimate the maritime shipping mark-ups applying the method of Atkin and Donaldson [6] to U.S. Census import data of shipments moved by sea during the period 2002-2017. I find that freight mark-ups account for approximately one-third of total freight charges in U.S. imports. Carriers’ mark-ups thus represent an equivalent ad valorem tariff of 1.4-2.6 percent. U.S. imports of differentiated products would be 4.2 to 11.6 percent higher if these mark-ups were eliminated. The cost of these mark-ups in terms of economic welfare for U.S. consumers represents an annual reduction of 0.1-0.2 percent of their real income. Carriers also charge higher maritime shipping mark-ups (per kg.) to high-value products, products with a lower elasticity of substitution, and products with higher import tariffs. Imported products from developing countries or from distant countries to the U.S. are also charged with larger tariff equivalent mark-ups.  </p> <p><br></p> <p>In the second Essay I estimate the economic burden placed on Puerto Rico by the Jones Act. Using Lloyd’s List Intelligence (LLI) data to document the supply of shipping services in the U.S. -Puerto Rico shipping market, I find that the Jones Act fleet serving Puerto Rico contains no ships designed for the purpose of moving general cargo or bulk commodities. I then evaluate how this lack of supply of shipping services is a burden on imports of goods that would normally travel by ships of those kinds, modelling Puerto Rico’s import demand in a gravity framework. This exercise indicates that Puerto Rico’s demand for final goods exhibits a greater substitution towards non-U.S. sources among products that tend a) to be shipped by sea, b) to be physically heavy, and c) not to be moved in containers. I then estimate a structural gravity model to quantify the tariff-equivalent trade costs the Jones Act imposes on U.S. shipments. This model yields that the Jones Act represents a tariff equivalent of 30.6 percent on average across products. Finally, I use these estimates to calculate the compensating variation of Jones Act removal. I find that the cost of final expenditure in Puerto Rico would be $1.4 billion (about 1.3 percent) lower per year without the Jones Act. </p> <p><br></p> <p>Finally, in the third Essay I investigate what specifically explains the estimated change in Puerto Rico’s import demand for U.S. products due to the Jones Act. I use detailed data of vessels’ ports-of-call in the Caribbean from LLI to document issues of service quality and availability in maritime shipping services between the U.S. and Puerto Rico during the period 2004-2020, calculating metrics for some quality dimensions (e.g., vessels age, shipping capacity, shipping frequency and more). I also evaluate market conditions such as the concentration level in the market of carriers and shipyard building companies in order to examine the presumed incidence in shipping freight costs. Additionally, I use Puerto Rico’s import data from the Instituto de Estadísticas de Puerto Rico (IEPR) to evaluate how much the Jones Act restrictions affect the mode choice decisions for shipping products between U.S. mainland and Puerto Rico. The research question that I try to answer is: what is the level and evolution of the quality of shipping services provided by Jones Act-compliant vessels in the U.S.-Puerto Rico shipping market? </p>

Small islands developing states (SIDS) sustainability is a United Nations’ aim. Their markets are often influenced by external policies imposed by larger economies. Could an anti-competitive measure affect the food vulnerability of a SIDS? This research examines the effects of an external non-tariff measure (NTM) on Puerto Rico’s (PR) agribusinesses. It explores the effects of a maritime cabotage regulation (US Jones Act) on the affordability and accessibility of produce and grains. PR imports 100% of their needs of grain and over 85% of fresh produce. PR’s food imports are generally from the US and the trade service is restricted to the use of the US maritime transportation. As a result, the supply chain of these two sectors although different, are limited by the US Act that may impact the cost of food, its availability, firms’ efficiency and other structures of production. Using a mixed convergent design, PR’s agrifood supply chains were explored and analysed in relation to the maritime cabotage regulation. Oligopolistic structures and collusion between maritime transporters and local agribusinesses importers limit the access to data, but other internal factors also have a role. Fieldwork shows that while the cabotage regulation itself is a constraint, interaction with others NTM and the current political framework between US and PR are relevant. Factors such as lack of efficiency, poor innovation and a self-limitation of the agribusinesses firms were found. The novelty of this research is the use of mixed methods to evaluate the effects of cabotage on the agrifood supply chain.

Yes / The present study examines the multidimensional effect of the maritime cabotage that regulates the maritime transport between United States of North America and Puerto Rico’s markets. The objective of the study was to analyze the effects that this non-tariff measure has on the agro-industrial sector in Puerto Rico. The research methodology consisted of semi-structured interviews and secondary data analysis from the agricultural category of greater import. The results conclude that it is the interaction of non-tariff measures inherent to the business relationship between the two countries that has an impact on the efficiency and competitiveness of the agro-industrial sector in Puerto Rico. / Universidad ICESI

The thesis describes conditions for carrying out cabotage in road freight transport, in comparison to current and past development at the EU level, and in transport policy of the EU described in the primary law. The most current changes at the field of cabotage are a good precondition for the future growth of this type of transport. The issue of cabotage could be described in three groups of topics, the first being the unified EU regulations of cabotage and conditions set for carrying out cabotage, the second concerns topics, that are similar in every EU country due to harmonization of national law, for example the payment of VAT, admission to the occupancy of road haulier or technical conditions for vehicles. The third group deals with matters that are different in every EU country, e.g. toll systems. Carrying out cabotage is therefore to be adjusted to all aforesaid conditions, which have a direct influence to the economical background of cabotage transports.