ARTICLE: FEDERAL REGULATION OF DOMESTIC OCEAN COMMERCE: CROSSROADS IN JURISDICTIONAL AUTHORITY AND REGULATORY PHILOSOPHY. Skip over navigation
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Copyright (c) 1983 Tulane University
Tulane Maritime Law Journal

ARTICLE: FEDERAL REGULATION OF DOMESTIC OCEAN COMMERCE: CROSSROADS IN JURISDICTIONAL AUTHORITY AND REGULATORY PHILOSOPHY.

Fall, 1983

8 Tul. Mar. L. J. 299

Author

Amy Loeserman Klein * and Charles Friedlander **

Excerpt

INTRODUCTION

Government regulation of ocean shipping has as its principal ends the maintenance of open competition and the assurance of stability in the vital national commerce which the regulated carriers serve. In the past, realization of these goals was achieved by requiring the regulated carriers to adhere to a statutorily mandated tariff system, 1 and by subjecting them to a regulatory system which was uniform in content and its application to all the competing common carriers engaged in the same regulated commerce. At present, this latter requirement of uniformity is unfulfilled in the area of domestic offshore commerce 2 as a result of dual regulatory jurisdiction over the ocean carriers and activities in question. 3 This duality arises from recent judicial decisions 4 which have determined that the Interstate Commerce Commission (ICC) rather than the Federal Maritime Commission (FMC) has exclusive regulatory jurisdiction over the ocean as well as inland portion of through intermodal transportation 5 in domestic offshore commerce. These decisions have, however, left unaffected the FMC's regulatory jurisdiction over port-to-port (i.e., water only) domestic offshore commerce.

The consequence of this division of authority is that any two domestic offshore ocean carriers providing identical water transportation services may be, and are, subject to two different and differently applied legislative frameworks. 6 This differing treatment is possible because each domestic offshore carrier is free to decide for itself, by categorizing its operations as intermodal or port-to-port, where it should file its tariffs and thereby determine whether the ...
 
 
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