European Community's Regulation Policy toward Shipping Cartel / 歐洲共同體對海運業卡特爾管制之研究

碩士 / 淡江大學 / 歐洲研究所 / 83 / Abstract: Treaty establishing the European Economic Community
was signed on 25 March, 1957 by six countries including
Belgium, France, the Federal Republic of Germany,Italy,
Luxembourg and Netherlands. One of the purpose of the Treaty
has been clearly stipulated in Article 3 of which is the
institution of a system ensuring that competition in the common
market is not distorted. The enactment of competition law as
well as the accumulation of judgment from Europen Court
over the past 30 years make the governing function
become more and more reasonable. However, shipping is the
key element of international trade, the boundaries of the
European Community is not the boundaries of shipping. It is
not possible for the EC to take unilateral position,the
shipping policy of EC must take into account the international
obligations of the EC member states as well as the existing
laws of other countries. On the other hand, since the
formation of shipping conference in 1875, shipping cartel
organized by shipowners whose main purpose is to maintain
reasonable profit has been becoming major trend of
shipping industry. Ranging from conference, consortium,
trade stablization agreement, to highly controversial Trans-
Atlantic Agreement, the type of shipping cartel varied day by
day. therefore, how to strike a balance between shipowner,
shipper, goverments and other related to transport
industry become a very important and interesting
topic. This thesis discussed EC's regulation policy toward
shipping cartel by means of analyzing Council Regulation
4056/86, components of article 85 and 86 of EC treaty and
Commission's proposal of block exemption for consortia.
Another purpose of this stusy is to make some recommendations
for the revision of Shipping Act of the Republic of China
which does not have any related clause governing shipping
cartel.

Identiferoai:union.ndltd.org:TW/083TKU00481004
Date January 1995
CreatorsShih Mei-Chi, 史美琦
ContributorsDr.Tzou-Chong-Ko, Dr.Chen-Li-Geung, 鄒忠科; 陳麗娟
Source SetsNational Digital Library of Theses and Dissertations in Taiwan
Languagezh-TW
Detected LanguageEnglish
Type學位論文 ; thesis
Format170

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