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EFFECTS OF LAWS, REGULATIONS AND SECURITY PROCEDURES ON ECONOMIC DEVELOPMENT OF PAKISTANI PORTS

 

I, reiterate what I wrote in my earlier article published in Business Recorder that deep water Port Act be enacted, Custom Act be amended to cater transshipment, so the other legal instruments to make it compliant to International standards before Karachi deep water Port becomes functional as said to be 2012/13.

It amazed me that most of the developing countries have initiated studies realizing that Law plays a significant role in the economic performance of States and its Ports. Having been associated with a study I was amazed that even trucial States now realize that its Ports required compliance with International standards to remain competitive and honor the agreements or contracts that the Ports have entered into through membership in the IMO, WTO and U.N. The study is to deliberate on international and national Laws as well as the different Port control regulations applicable to the Ports of the country to determine the manner and extent that the various Laws and  regulations influence the economic performance of the different Ports of the country.

I, was pleased when after publication of my article for enacting deep water Port Act, I was invited by Chairperson of Karachi Port for discussion, where I re-emphasized the importance of enacting deep water Port Act and compliance of International Laws etc, I sincerely hope some headway has been made, which frankly I am not aware off.

It is well recognized that the legal environment constitutes a factor that effects the operation of business. Several approaches measure the extent and quality of influence that laws have on economic development. One simplistic approach is to consider Laws based on books, that indicators of a Law are identified and the presence or absence of indicators then explains the influence that the Law has on economic performance. It is assumed that Admiralty or Maritime Law that relates to Port operations are the solution.

Another, but sound approach is to consider the extent that Laws are effectively enforced. The presence of Laws does not necessarily translate to Law enforcement. It is imperative to collect data measuring the effectiveness of the rule of Law, the presence or absence of corruption, low levels of contract repudiation and effectiveness of Government expropriation. The key players must be monitored so that objectives of the Law in supporting Port operations are obtained. The presence of high level of corruption hampers the effective implementations of Laws providing barriers to the achievement of economic development of the Ports. In, our case although we have the obsolete local Laws, but enforcement or monitoring is not visible, due to poor human resource and lack of professionalism in Ports and Ministry both. The comprehension of international regulations and enforcement of Law is minimal. 

It, was an education to learn during the study that implementation of Laws and economic

performance is cyclical, it also dawned upon me that there is a strong association between legality and economic development, a linear regression coefficient reflects that for every one percent increase in legality, there is a corresponding four and three quarter increase in gross national products, this was revealed by a economist friend of mine at WMU Sweden based on study conducted of legality variables on economic development in forty nine countries. Some of our sane elements of society and the Judiciary are right, when they say that there can't be meaningful development, GDP growth unless legality variable are addressed in the land of pure. I, fully endorse the view after sighting the study shown to me by me economist friend. The foreign entrepreneurs even don't agree to Arbitration in Pakistan as our Act is that of 1940, thus Arbitration is carried out as per English common Law and new Act of 1996 or as per Swiss Law, thus investors are reluctant to abide obsolete Law and poor enforcement and delayed justice. I am hopeful that now independent judiciary will deliver to gain the confidence of investors.

It is also true that wealthy nations have resources to afford better legal institutions thus historically Law has served to protect and regulate economic activities in consideration of private and public interest. According to my colleagues economist and jurist actually industrialization was spurred by the development of Law and legal enforcement mechanisms that protects private business endeavors. Law and legal institutions are key to sustained economic growth, as it provides secure atmosphere conducive to the growth and expansion of business

Port operations and Port related business ventures such as Shipping involves complex activities on an International Scale, which means that there is need for Laws that protects and regulated the various legal relations between the parties. My association as advisor to Karachi Chamber, brought to my notice of suffering by many exporters due to lack of understanding of documentation and infringements of negotiable instrument act, where bills of ladings created complex problem for the trade. We, have been continuously pursuing with the Government for National Tariff authority to regulate the unscrupulous agents and  forwarders, fleecing the trade. There appears to be some light at the end of the tunnel, now,  as Ministry of Commerce and Shipping have belatedly comprehended the issues raised by KCCI. Port operations involves the engagement in a plethora of contracts between the Shipper, the Shipping Company, the loading and unloading of cargo with Port and Private Terminals , storage of goods in Port facilities, the insurance for the cargo being transported. The Ports are flooded with continuous entry and exit of goods as well as proposed deep water port is set to become regional transshipment hub, will bring in foreigners, thus there will be increasing demand to cater international standards for the safety and security of Ports.

International Law is a body of Laws applicable and binding upon all States. International Law is a normative system and its mechanism provides for common good. The International Law covering Ports include Shipping Laws, Laws of the Sea, Conventions on Port Operations enforced by U.N. WTO, ILO, the ratified 27 conventions of IMO by Pakistan, domestic Laws and the regulatory regime.

I, sincerely propose that in order to determine the effects of Laws, regulations and security procedures on economic development of Pakistani Ports, with the objective of determining the influence of Law on the economic performance of Ports and also to identify lack of normative systems, as to my experience it is in quandary, thus be identified and addressed. The significance of our study should be how to achieve the sets goals and targets for our ports. I am sure that Ministry may chart a course to do the needful, enable remain compatible to region, as well as world.

I, must profusely admit that my partial submission and association has educated me on the role of legality with economic development of Ports and States




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MMSP ELECTION - 2015

Dear Members
kindly note that submission of Nomination form has been extended till 9 May 2015, due to annual dinner event. Ensure that the Nomination form should reach MMSP office on or 9 May 2015.

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MMSP IS HOLDING ITS ANNUAL DINNER- 2015

To honour
Chief Patron of MMSP and Chief of Naval Staff Who has kindly consented to be the Chief Guest on this Occasion at Convention Hall, Pakistan Maritime Museum Near Karsaz, Karachi,
on Friday, the 24 April 2015

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PAKISTAN MARINE ACADEMY IN DOLDRUM

If, we go into time Tunnel, the era from 2003-2007, efforts were made to convert Pakistan Marine Academy to Pakistan Maritime University, so that different faculties of Maritime education may be established locally.

 

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May 14, 2015

Executive Committee Meeting of Master Mariner Society of Pakistan will be held at 17.30 Hrs. at Room No 18, Old Ralli Brothers Building, Talpur Road, Karachi.

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