TITLE:
Economic Analysis of Law in the Regulation of Maritime Transport and Port Activity: The Brazilian Case
AUTHORS:
Osvaldo Agripino de Castro Junior
KEYWORDS:
Regulation, Economic Analysis of Law, Shipping and Port Sectors, Maritime Law
JOURNAL NAME:
Beijing Law Review,
Vol.14 No.2,
June
26,
2023
ABSTRACT: The objective of this article is to contribute to the use of Economic Analysis of Law (EAL) in the regulation of maritime container transport and port activity in Brazil, which contributes to the use of EAL in other countries. The theme is justified considering that, in the Brazilian case, there is no effective economic regulation to enable affordable prices and tariffs in that sector, a condition of adequate service, which has been causing negative externalities, such as loss of competitiveness of Brazilian products in foreign trade. In this sense, the text is divided into two parts. Part I deals with the concepts of economic analysis, economic regulation, market and government failures, and Part II deals with the possibility of using EAL in maritime container transport and in port services. Finally, a conclusion will be made, followed by references. This legal paper was financed in part by the Coordination for the Improvement of Higher Education Personnel—Brazil (CAPES)—Finance Code 001, with support from the Programa de Excelência Acadêmica (PROEX).