ABSTRACT
The seaport is the gateway to trade, and governments and international agencies are focusing more attention on the development of the maritime terminal, particularly in terms of efficiency, technology and strategic geographical location development. Today, the seaport is the link in the transport chain with a strong interface with other modes of transport services to provide a door-to-door service with customs examination undertaken at the consignor/consignee premises or at the nearby container freight station/dry port/freight village/free trade zone. The era of the port to port operation, especially for liner cargo, has ceased and likewise the demise of the liner conference system (p. 197). Today, the modern port is a trading centre, as found in Rotterdam, Dubai and Hamburg. Factors driving such accelerating changes may be identified as follows:
(a) Port privatization is a growth sector as governments globally contract out the ownership and management of ports, particularly the containerized trade. It is driven by the need for port efficiency facilitated by hightech, substantial investment in state of the art port hardware and berth provision, and a new management culture. The key factor in a government strategy is the development of trade and thereby raise a nation’s wealth to improve social and economic standards and related investment. Key legal issues focusing on port privatization include the following. Does the state have the authority to grant a concession? Can foreign-controlled companies own ports? Will the new operator be the port authority and, if so, will it have the necessary powers to control safety, access, dredging pilotage and environment matters? Will the new operator be granted any incentives such as tax breaks, foreign dividend repatriation? Will licences and/or permits be required and who will be responsible for obtaining them? What is the policy regarding existing and future employees?
