Document Type

Article

Disciplines

International Law

Abstract

The ocean shipping industry has experienced constant tension with respect to the issue of whether, and to what extent, the business of carrying goods on seagoing vessels should operate in an open market or in one that is protected.' Recently this dispute has taken on new intensity and importance as developing nations and the United Nations Conference on Trade and Development [UNCTAD] have attempted to restrict carrier access to world shipping. At the same time, United States policy makers and portions of the shipping industry have renewed efforts to maintain and expand an open world shipping market.

This article will review the development of United States law and policy with respect to access to ocean shipping markets, the conflicts between the United States and its trading partners over shipping policy, and the recent attempts to resolve those conflicts. More specifically, the article will examine the shifts in United States law and public policy, noting the movement from early legislative enactment of strong weapons against restrictions on carrier access to the shipping market; to later attempts to accommodate developing nation cargo restrictions through bilateral executive agreements; to recent reinvigorated opposition to regulatory schemes of foreign governments affecting ocean commerce. The article will also address several significant questions related to the import of recent legislation and to the future development of the ocean shipping industry.

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