Strengthen the monopoly regulatory supervision of global shipping blockchain
January 26, 2022 09:18 Source: "Chinese Social Sciences" January 26, 2022 Total 2338 Author: Zhu Zuoxian

The shipping industry is the cornerstone of international trade and global supply chain,It should be listed as one of the key areas of strengthening antitrust。More than 90%of my country's foreign trade is realized through maritime transportation。The rapid development of the global shipping blockchain has exacerbated the oligopoly structure of the shipping market,my country's maritime trade development is facing the risk of "card neck"。In the background of fierce competition in the global frontier focus technology of blockchain in China and the United States,Build an antitrust governance system with Chinese characteristics around the new format of the shipping blockchain,Not only the need to promote the fair competitive order of the global shipping market at present,More core mission is to ensure that my country can occupy the commanding heights of future marine shipping and master the initiative,A new tool for preventing blockchain as a new tool for monopoly marine economies in Europe and the United States,Effectively safeguard our country’s maritime trade benefits。

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Blockchain technology has decentralization or partial decentralization、distributed bookkeeping、Do not tampered with、Signing traceable and other significant features,Complex scenes suitable for cross -border transportation and international trade。The application of blockchain in international shipping has shown an unstoppable trend,A digital revolution that is expected to trigger maritime trade。

First,The United States uses its strong advantages in information technology to join the forefront of the development of traditional European shipping giants at the development of shipping blockchain。On February 2, 2021, Forbes released 2021 Global Blockchain 50 list,Container Shipping Giant Denmark Maski and Bet365 lotto review US IBM Company jointly developed by the United States.,TradeELENS jumps in the world's first blockchain to highlight the importance and maturity of the shipping blockchain。TRADELENS currently has nearly half of the world's container ship data,Only the world's top six container shipping companies are only my country ’s COSCO Shipping Container Co., Ltd.,221 sea carrier in 69 countries and regions around the world、Hong Kong Station operator、Inland Freight Station、Multi -type transport operator and government authorities participated in its ecosystem。

Second,World Shipping Powers have strengthened the development of shipping blockchain、Application and layout。According to statistics,Global Shipping Blockchain Projects have at least 35 species of subdivided application scenarios,Including the digitalization of bills and other documents、Saveable blockchain transportation information recognition、Paper -free operation of port、Ship financing、Ship financing、Typical use of data sharing of sea transportation chain。United States、Danish、China、UK、Singapore、Japan、Korea、Belgian and other large shipping powers is the main force of the development and application of shipping blockchain,strongly promoted the rapid development of shipping blockchain。

third,Global Shipping Blockchain Development presents alliances。At present, a series of large digital shipping organizations have been generated,The most famous is the two blockchain alliances of TRADELENS and GSBN。The two blockchain alliances are intertwined with the existing three traditional shipping alliances,Forming huge monopoly forces,Only the market share of 5 major shipping companies in the Tradelens Alliance will exceed 58.9%。This undoubtedly sounds the alarm clock in the antitrust governance of the international shipping market。The Federal Maritime Commission (FMC) gives the Tradelens alliance antitrust exemption,Create favorable conditions for its further expansion of the international shipping market。

  The current shipping antitrust legal system needs to be reconstructed

Control the ocean through the shipping route and the merchant fleet is the deserved meaning of traditional sea rights theory,Therefore, under the leadership of Western countries' discourse systems for a long time, many countries have implemented shipping antitrust exemption policies within a certain range。Current,my country has become the world's first cargo trading country、Third Ship Else Country,But the trade deficit of sea transportation service is serious,WTO statistics number indicates,2017-2019 my country ’s shipwreck service trade deficit is 36.09 billion US dollars、42.667 billion U.S. dollars and 38.116 billion US dollars。Therefore, the international shipping industry antitrust exemption policy obviously does not meet my country's overall national interest,Especially not conducive to the survival and development of a large number of small and medium -sized foreign trade enterprises。To cope with the more severe antitrust challenges caused by the shipping blockchain,Must be comprehensively examined and solved the following problems。

First,The emphasis on global shipping competition order has not risen to the national strategic height,The status of the first maritime trade country in my country is difficult to match。In the United States,The competitive order of controlling the global shipping market belongs to the national strategic category,The purpose is to ensure the competitiveness of the US shipping supply chain and foreign trade export interests,There is a special legislative and special agency for this。From the "1916 Shipping Law" and "1984 Shipping Law" to the core purpose of the 1998 Shipping Reform Law,In 1961, the Federal Maritime Commission was also established,Collection of legislative rights、Quasi -judicial power and administrative law enforcement rights in one body,Directly belongs to Congress,Passing the order of competition in the international shipping market,Its highly professional Bet365 lotto review law enforcement forces are preferred in the world。In our country,The International Division of the Water Transport Bureau of the Ministry of Transport is responsible for the daily management of the international shipping market,Facing the challenge of international shipping globalization and digitalization,The law enforcement force of a room seems to be particularly weak。

Second,1974 The Convention on the Convention on the Code of Action of the United Nations Class Shipping Guild is a historical product of a specific period,Has inconsistent with the requirements of the times。The Convention admits that the core "Carter Organization" is legitimacy,This is encouraged to compete、Contemporary thoughts against monopoly are incompatible。At that time, the original intention of the contracting country's contract was to create a certain condition for the development of the country's shipping industry by joining the lineup guild and establishing the principle of cargo distribution (40: 40: 20),This is a compromise,It turns out that the Convention cannot really be implemented。The booming development of container transportation and the development and change of European and American competitive policies,Counterfeit Guild is not much。my country joined the Convention on September 23, 1980,Whether it is the concept of competition or the specific understanding and application of the competition rules,The convention brings unavoidable trouble and constraints to the antitrust governance of my country's shipping field。

third,The main reason for the weak antitrust of shipping in my country is institutional defects。The relevant legal system is mainly composed of the 1974 "Convention on the Code of Action Code of the Action of the United Nations Barnice Guild", "Anti -Monopoly Law" and "International Maritime Regulations"。The provisions of the "Anti -Monopoly Law" are too principled and failed to worry about the characteristics of the international shipping industry; the "International Maritime Regulations" regulations are stipulated Bet365 app download by the 1974 Convention.,Missing supervision methods in the past,How to supervise the new formats such as shipping blockchain is still paying even more。

  R & D China ’s independent and controllable comprehensive shipping blockchain platform

International Maritime Transport and National Security、Maritime trade and even diplomacy have a close relationship,Therefore, global shipping antitrust governance has been in a complex game state between different countries。The new format of blockchain represented by Tradelens is rapidly occupying the global shipping market,We should see the micro -knowledge、Breakfast,Plan the corresponding countermeasures on the basis of scientific analysis and judgment risk。

First,Concentration forces to develop China's independent and controllable comprehensive shipping blockchain platform,Make it an important starting point for creating the "Digital Maritime Silk Road",Further promote the interconnection between countries along the line。my country's shipping enterprises represented by China Ocean Marine Group are actively trying to develop and use various forms of shipping blockchain,and have achieved a lot of results。But objectively speaking,There is still a gap compared,Tradelens has obtained wide recognition internationally。For this,We should stand at the high degree of strategic strategy and carefully examine this gap,The institutional advantage of using the "concentrated power to do major events" will complete the construction of China's independent and controllable shipping comprehensive blockchain platform as soon as possible and rely on the "Belt and Road" initiative to vigorously promote and use,The success or failure of competition in this field will decide to a certain extent who dominate the right to speak and international trade in the future。

Second,Accelerate the study and constructing a global shipping blockchain anti -monopoly supervision system with Chinese characteristics。Maintaining global shipping competition order is strategic、complexity and sensitivity,bet365 Play online games Shipping blockchain puts forward a new requirements for antitrust supervision methods and regulatory content,Therefore, it is necessary to build a high level similar to the US Federal Maritime Commission、Specialized regulatory agency。At the same time,Organize the shipping law as soon as possible、Anti -monopoly、International Trade Law、Experts and scholars from different majors such as economics and blockchain technology jointly form a national -level research team,Delivery、Types of researching shipping blockchain、Operation rules and its impact on market competition,According to this design scientific supervision path and supervision content。At the current stage, the "Earlier Censors、Report in things、After -after -after -after -after -after -after -after -after -to -His "Careful Supervision Mode。

third,Research and research on the relevant treaties in the marine transportation field,The actual needs of the new development pattern of my country's country to analyze and improve the countermeasures and propose the Chinese plan in a timely manner。In 1974 "Convention on the Code of Action Code of the United Nations Class Rotation Association",The United States has always held opposition position,EU countries have all exited。The Convention is indeed out of time,It is recommended to choose to exit the Convention in time according to the actual interests of our country,Through this action, it can fully show the Chinese government to further expand and open it、Effective efforts and determination to oppose monopolies and encourage competition。Another,Gao Raid the banner of "Community of Marine Destiny",Promote the formulation of fair competition in the international community、Mutual and win -win new maritime competition treaty,High -tech and other high -tech such as shipping blockchain through international rules will not evolve into a monopoly tool for improper seizing the interests of other countries。

Fourth,Formulate a "Shipping Law" that can meet the requirements of digital development of maritime bet365 Play online games trade。outside the general antitrust legislation,In view of the complexity of marine governance,United States、EU、Japan、Canada、Australia、Singapore and other specialized legislation on international shipping competition regulations。"Shipping Law" in my country's marine legal system for a long time,This is the construction of a marine power、A constraint of a shipping power country,The rapid development of the shipping blockchain requires the "Shipping Law" that can meet the requirements of digital development as soon as possible。

 (The author is deputy dean of the Law School of Dalian Maritime University、Professor)

Editor in charge: Chen Jing
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