Shippers and Port States between US Unilateralism and Extraterritoriality

Research output: Chapter in Book/Report/Conference proceedingArticle in proceedingsResearchpeer-review

Standard

Shippers and Port States between US Unilateralism and Extraterritoriality. / Thystrup, Amalie Giødesen.

Port Maritime and Transport Law between Legacies of the Past and Modernization : Il Diritto marittimo – Quaderni. ed. / Massimiliano Musi. Vol. 5 Bologna : Bonomo Editore, 2018. p. 393-412.

Research output: Chapter in Book/Report/Conference proceedingArticle in proceedingsResearchpeer-review

Harvard

Thystrup, AG 2018, Shippers and Port States between US Unilateralism and Extraterritoriality. in M Musi (ed.), Port Maritime and Transport Law between Legacies of the Past and Modernization : Il Diritto marittimo – Quaderni. vol. 5, Bonomo Editore, Bologna, pp. 393-412, International Research Seminar in Maritime, Port and Transport Law, Venice, Italy, 21/06/2018.

APA

Thystrup, A. G. (2018). Shippers and Port States between US Unilateralism and Extraterritoriality. In M. Musi (Ed.), Port Maritime and Transport Law between Legacies of the Past and Modernization : Il Diritto marittimo – Quaderni (Vol. 5, pp. 393-412). Bologna: Bonomo Editore.

Vancouver

Thystrup AG. Shippers and Port States between US Unilateralism and Extraterritoriality. In Musi M, editor, Port Maritime and Transport Law between Legacies of the Past and Modernization : Il Diritto marittimo – Quaderni. Vol. 5. Bologna: Bonomo Editore. 2018. p. 393-412

Author

Thystrup, Amalie Giødesen. / Shippers and Port States between US Unilateralism and Extraterritoriality. Port Maritime and Transport Law between Legacies of the Past and Modernization : Il Diritto marittimo – Quaderni. editor / Massimiliano Musi. Vol. 5 Bologna : Bonomo Editore, 2018. pp. 393-412

Bibtex

@inproceedings{43f104af9b794d5a92aeca4bc3b7d898,
title = "Shippers and Port States between US Unilateralism and Extraterritoriality",
abstract = "May the individual carrier have the state enforce access to foreign ports unilaterally? Is unilateral retaliation under the purview of the US Federal Maritime Commission an exercise of extraterritoriality, and where does that leave port state authority? First, the article will establish the authority vested in the US Federal Maritime Commission to implement and enforce US ships’ access to ports abroad. Secondly, drawing on US unilateral retaliation against Japan over access to ports, resolved diplomatically in 1997, the article will discuss US unilateralism in shipping. Thirdly, the article will discuss the shape of extraterritoriality, and implications for port state authority. The article builds on and intervenes in literature on the role of Section 301 unilateralism and liberalization of maritime transport in US and in international trade law,([ ]) combined with literature on extraterritoriality in international private law, and on port states in maritime law.([ ]) The legal-empirical analysis fills a gap in scholarship between the fields of international trade law, international private law, and maritime law, and contributes to the existing conceptual framework and literature by introducing “constructive extraterritoriality”. This is particularly important at this time because the world is witnessing a trade war that sees US unilateralism front and center and simultaneously, global governance is seeing an increase in extraterritorial regulations.",
keywords = "Faculty of Law, Shipping, Extraterritoriality, Unilateralism, Ports",
author = "Thystrup, {Amalie Gi{\o}desen}",
year = "2018",
language = "English",
volume = "5",
pages = "393--412",
editor = "Massimiliano Musi",
booktitle = "Port Maritime and Transport Law between Legacies of the Past and Modernization",
publisher = "Bonomo Editore",
note = "International Research Seminar in Maritime, Port and Transport Law ; Conference date: 21-06-2018 Through 23-06-2018",

}

RIS

TY - GEN

T1 - Shippers and Port States between US Unilateralism and Extraterritoriality

AU - Thystrup, Amalie Giødesen

N1 - Conference code: 7th

PY - 2018

Y1 - 2018

N2 - May the individual carrier have the state enforce access to foreign ports unilaterally? Is unilateral retaliation under the purview of the US Federal Maritime Commission an exercise of extraterritoriality, and where does that leave port state authority? First, the article will establish the authority vested in the US Federal Maritime Commission to implement and enforce US ships’ access to ports abroad. Secondly, drawing on US unilateral retaliation against Japan over access to ports, resolved diplomatically in 1997, the article will discuss US unilateralism in shipping. Thirdly, the article will discuss the shape of extraterritoriality, and implications for port state authority. The article builds on and intervenes in literature on the role of Section 301 unilateralism and liberalization of maritime transport in US and in international trade law,([ ]) combined with literature on extraterritoriality in international private law, and on port states in maritime law.([ ]) The legal-empirical analysis fills a gap in scholarship between the fields of international trade law, international private law, and maritime law, and contributes to the existing conceptual framework and literature by introducing “constructive extraterritoriality”. This is particularly important at this time because the world is witnessing a trade war that sees US unilateralism front and center and simultaneously, global governance is seeing an increase in extraterritorial regulations.

AB - May the individual carrier have the state enforce access to foreign ports unilaterally? Is unilateral retaliation under the purview of the US Federal Maritime Commission an exercise of extraterritoriality, and where does that leave port state authority? First, the article will establish the authority vested in the US Federal Maritime Commission to implement and enforce US ships’ access to ports abroad. Secondly, drawing on US unilateral retaliation against Japan over access to ports, resolved diplomatically in 1997, the article will discuss US unilateralism in shipping. Thirdly, the article will discuss the shape of extraterritoriality, and implications for port state authority. The article builds on and intervenes in literature on the role of Section 301 unilateralism and liberalization of maritime transport in US and in international trade law,([ ]) combined with literature on extraterritoriality in international private law, and on port states in maritime law.([ ]) The legal-empirical analysis fills a gap in scholarship between the fields of international trade law, international private law, and maritime law, and contributes to the existing conceptual framework and literature by introducing “constructive extraterritoriality”. This is particularly important at this time because the world is witnessing a trade war that sees US unilateralism front and center and simultaneously, global governance is seeing an increase in extraterritorial regulations.

KW - Faculty of Law

KW - Shipping

KW - Extraterritoriality

KW - Unilateralism

KW - Ports

M3 - Article in proceedings

VL - 5

SP - 393

EP - 412

BT - Port Maritime and Transport Law between Legacies of the Past and Modernization

A2 - Musi, Massimiliano

PB - Bonomo Editore

CY - Bologna

T2 - International Research Seminar in Maritime, Port and Transport Law

Y2 - 21 June 2018 through 23 June 2018

ER -

ID: 210015831