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Book Cover
Author Akpan, Aniekan

Title Maritime Cabotage Law
Published Milton : Routledge, 2018


Description 1 online resource (339 pages)
Contents Cover; Half Title; Title Page; Copyright Page; Dedication; Table of Contents; List of illustrations; Preface; Table of cases; Table of legislation; Table of international treaties and conventions; 1. Introduction to the law of maritime cabotage; Definition and scope of maritime cabotage; Distinguishing between maritime cabotage and maritime delimitation; Historical review of maritime cabotage from the fourteenth to twenty-first century; Introducing the theory of developmental sovereignty; Overview of the fundamental themes of maritime cabotage law; Conclusion
2. The evolutionary synthesis in the development of maritime cabotage law and public international lawInternational law; A comparative overview of the evolution of maritime cabotage law and public international law from seventeenth to twenty-first century; The legal habitat of maritime cabotage law and public international law; The intersection of internationality and national maritime frontiers; The role of globalization in the development of maritime cabotage law; 3. The theory of developmental sovereignty; The national framework of development
Applying the theory of developmental sovereignty to the three approaches of maritime cabotage lawThe role of national and regional governments; 4. Theories of development and maritime cabotage; The linear stages of development theory; The structural change development theory; The international dependence revolution theory of development; The neoclassical counterrevolution theory of development; 5. The concepts of economic development and competition law; A review of the interface between the concepts of economic development and competition law within the context of maritime cabotage law
State aid in a maritime cabotage law contextGovernment regulation, influence and intervention; 6. The variants of maritime cabotage; Island cabotage; Mainland cabotage; General maritime cabotage; 7. The theoretical framework of maritime cabotage law; The international law theory on maritime cabotage law; Revisiting the doctrines of mare liberum, mare clausum and de dominio maris; The international institutions perspective; 8. The regulatory approaches of maritime cabotage law; The protectionist, liberal and flexible maritime cabotage law approaches
Outline of the maritime cabotage regimes of various countries9. The protectionist maritime cabotage approach; United States of America: Section 27 of the Merchant Marine Act of 1920 (the Jones Act); Canada: Coasting Trade Act 1992, Canadian Shipping Act, Part X, 1936; Nigeria: Coastal and Inland Shipping (Cabotage) Act No. 5 of 2003; Indonesia: Maritime Law No. 17 of 2008; Japan: Ship Law No. 46 of 1899; The People's Republic of China: Maritime Code of the People's Republic of China 1992; Federative Republic of Brazil: Federal Law 9432/97
Summary This is the most comprehensive review of maritime cabotage law. It introduces the new theory of Developmental Sovereignty to jurisprudence. The maritime cabotage law provisions and approaches as adopted in many states and jurisdictions has been extensively scrutinised. This book challenges the established and accepted wisdom surrounding maritime cabotage by presenting new reasoning on the underpinning principles of the concept of maritime cabotage law. The book offers a vibrant discussion on the adjustment in the regulatory approaches of maritime cabotage, from one that was intrinsically premised on the idea of national sovereignty, to one that now embraces the broader ideology of development. It investigates what the common understanding of the law of maritime cabotage should be and on what intellectual basis it can be justified. It reduces the inconsistencies and confusion that surround the concept and application of maritime cabotage law, to provide a more certain and more robust concept of maritime cabotage
Notes The Philippines: Tariff and Customs Code of the Philippines (RA 1937) and Domestic Shipping Development Act of 2004 (RA 9295)
Restricted: Printing from this resource is governed by The Legal Deposit Libraries (Non-Print Works) Regulations (UK) and UK copyright law currently in force. WlAbNL
Print version record
Subject Cabotage.
Maritime law.
LAW -- Commercial -- General.
LAW -- Commercial -- International Trade.
Base line.
Chenery model.
Coastal water.
Contiguous zone.
Continental shelf.
chemical pollution.
Developmental Sovereignty.
development theory.
de dominio maris.
Exclusive Economic Zone (EEZ)
economic development.
General cabotage.
Government regulation.
High Sea.
Island cabotage.
legal regimes.
Mainland cabotage.
Maritime pollution.
mare clausum.
mare liberum.
maritime cabotage.
maritime delimitation.
national maritime frontiers.
Public service contracts.
Public service obligation.
public international law.
Sovereign rights.
State aid.
Territorial water.
Maritime law
Form Electronic book
ISBN 9781351403191