Port Authority of New York and New Jersey

The Port Authority of New York and New Jersey is a  joint venture between the states of New York and New Jersey established in 1921 through an an interstate bi agency compact. The Port of New York is the main gateway of the Eastern Seaboard of North America and its hinterland accessing the resource laden regions of the US heartland through the Erie Canal which initially was a precursor for inland freight transportation. As New York harbor and the lower Hudson River are the boundaries between New York and New Jersey states port development took place under different jurisdictions.

This maritime development resulted in conflicts between the two states regarding jurisdictional matters pertaining to harbor facilities along the Hudson River.Over the course of time as trade volumes enhanced interstate conflicts consistently arose over the issue of rail freight rates . Barge transfers of cargoes across the Hudson also led to severe traffic congestion in the harbor. Almost 70 years ago the state of New Jersey petitioned the Interstate Commerce Commission to lower rail freight rates on its side of the Hudson in order to attract more port calls but was overruled on the ground that the whole region was one functioning harbor. To settle such disputes once and for all The Port of New York Authority was established in the year 1921 .

 

Credit ; Nash Vile

Waterfront Commission of New York Harbor

The Port of New York and New Jersey is the busiest container port on the Eastern Seaboard of the United States with the Hudson River forming a natural boundary between the two states for almost 34 km. The Waterfront Commission was pivotal to launching of successful prosecutions against organised crime in and around local ports as well as to ensuring fair employment. The Waterfront Commission was created in 1953 when organized crime had infiltrated the port and was extorting  workers and shippers  alike.

 

Credit;Hudson River Anchorages

Trade Dynamics at New Jersey Side of Harbour

The state of New Jersey had been asserting that cargo volume over the years had shifted from the New York side of the port to its jurisdiction warranting efficacious regulation of port activity. New Jersey lawmakers advocated that changes in the maritime industry trends particularly  development of container shipping in fact curbed the influence of organized crime at the port which in turn made the Waterfront Commission redundant in its present form.  The legislators went so far as to announce that the Waterfront Commission  is now an impediment to economic growth.

 

Credit; CBS-News

New Commission of Port of New York

Subsequently a new Commission of Port of New York has been created after the state of New Jersey withdrew from the bi agency compact. The approval of the new commission marks a critical step in protecting the Port of New York from the infiltration of organized crime to the advantage of longshoremen, shipping industry and importers and end consumers as well. The commission is mandated to conduct background checks and issue licenses to individuals and companies engaged in the shipping industry in the Port of New York. Already criticism is rampant that concessions had been made to satisfy the International Longshoremen’s Association requiring the committee to work with employers and unions in reviewing regulations which may be seen as a conflict of interests. At the same time dock workers who associate with known criminals without unlawful intent cannot be proceeded against and suspended. The New York state’s $237 billion budget included a $5 million appropriation to create and fund the New York Waterfront Commission.

Supreme Court Ruling on Waterfront Commission of New York Harbor

The United States of America Supreme Court recently ruled that the state of New Jersey can validly severe its 70-Year Anti-Crime Pact with  the state of New York to keep organised crime at bay .The U.S. Supreme Court ruled that “ New Jersey can unilaterally withdraw from the Waterfront Commission of New York Harbor, which was formed by a bistate compact in 1953 to prevent New Jersey from dissolving the shipping industry-funded commission.The States did not intend for the agreement to be perpetual, it would not make much sense to conclude that each State implicitly conferred on the other a perpetual veto of withdrawal . For decades the Waterfront Commission has been a vital law enforcement agency, protecting essential industries at the port and cracking down on organised crime”.

Police and Law Enforcement

The Governor of New Jersey withdrew the state’s sole commissioner and assigned the state police to assume the agency’s law enforcement duties on New Jersey’s side of the harbor .The bulk of the cargo arriving in the harbor goes to ports in Newark and Elizabeth, N.J. The terminal operators there pay fees that cover most of the commission’s budget. The shipping association threatened that it would stop making those payments but it did not carry out on its threat.

Land Mafia at Seaports of Pakistan

As reported in Dawn newspaper the Chief Justice of Supreme Court of Pakistan Mr Qazi Faez Isa is to hear a petition of former Karachi Nazim (Mayor ) Naimatullah Khan filed in the year 2010, seeking the Supreme Court’s intervention to get the amenity plots vacated from “land mafia ” in the port city and also related cases regarding encroachments on port estate and public spaces. Notices have been issued to the Sindh Provincial Chief Minister, Officials of Cantonment Boards, Karachi Port Trust and Sindh Building Control Authority. Port Qasim Authority and Karachi Port Trust has to defend its Estate from Land Mafia and Encroachers . Port Qasim is located far from the city center hence escapes oversight and scrutiny of its controlling ministry. Perhaps the maritime policy makers need to consider establishing a Waterfront Commission , as per New Jersey model, which played a critical role in prosecuting organised crime at local ports and ensuring fair labor practices and efficacious handling of port bulk cargoes and increased turnaround pace of containers. Otherwise port security and the national energy and food security may be compromised and criminal elements may prevail at the seaports of Pakistan as happened at New Jersey ports. The areas earmarked for Exclusive Economic Zones at ports are steadily being encroached by the land Mafias and the encroachments have to be rolled back by concerted enforcement and legal actions in order to survive as a sovereign maritime state.

Author ; Nadir Mumtaz

Sources/ Credit ;

https://www.maritime-executive.com/article/new-york-approves-new-port-commission-to-fight-organized-crime

https://nypost.com/2024/04/21/opinion/gov-hochuls-waterfront-commission-is-a-win-for-new-yorkers/

https://nashvillenow.us/setup/tic2775k1d53/

https://apnews.com/article/supreme-court-new-york-jersey-port-commission-75008bd6fa6cdb190f8c418df97b1afb

https://transportgeography.org/contents/applications/port-authority-new-york-new-jersey/

https://www.dawn.com/news/1829235