fredymac said:
Rather than engage in a protracted exchange in details I will identify the crux of the issue. Are ports, whether sea or air, by their nature a physical component of the sovereign borders that define a state. Since they are by function the means through which foreign peoples and materials can enter a country I would say yes. The question then reduces to whether a sovereign state should relinquish control over its' borders to a foreign entity.
And this is the core of the argument. This is in no way shape or form "relinquishing control over the borders". This is the fundamental misunderstanding from you and Sferrin here. Which I suspect is not simply a misunderstanding, but a deliberate refusal to recognize facts. Its the king of straw-man arguments. You keep refusing to acknowledge the fact that this sort of arrangement, whereby terminals and ports are operated by various private companies, mostly foreign companies (because it just so happened that companies from only a few countries specialize in this service), exists everywhere. In the US, in China, in Australia. Everywhere.
It absolutely does not involve, in any way shape or form, any form of transfer of "sovereignty" to anything. This is simply the management of docks and equipment at the docks. It's got nothing to do with borders, its got nothing to do with security (which you confused with "safety", as in health and safety and technical operations)
For those who regard the very notion of borders to be an embarrassing relic of pre-Schengen and outmoded thought (perhaps even high school level), the issue is meaningless. If a Mexican company submitted the lowest bid, the US may as well let them manage the maintenance of fences, cameras, and seismic sensors along its' southern border.
You're confusing two entirely separate issues. I'd be perfectly happy with a Mexican company managing the fences and cameras and sensors on the US border. Of course it wouldn't happen because there's no private companies that specialize in such a task. Managing terminals in ports, or airports, or whatever other industrial sites? Yeah, there's lots of companies that do that. And yes, if they can do it better than US companies, they will get the contract.
90% of US port terminals are operated by foreign companies. Some of those, are Chinese. Just as most port terminals in China are operated by foreign companies. Just as airports in China are operated by foreign companies, many of those US (some of those Chinese airports are operated by US government entities, as in regional airport management companies set up by regional US governments).
Regarding the Tianjin Port explosions and their relevance to the discussion, I concede I used that to illustrate the possibilities that open when the world's foremost, specialized companies in port management get together. As for financial liability and yes criminal culpability (as defined under the terms for negligence), had this happened in New York as opposed to Beijing (Tianjin is the port city serving Beijing), there would be hordes of trial lawyers, many with Ivy League credentials, willing to share my high school parochialisms.
Your example there is not relevant because it has nothing to do with your claim. That is an issue of technical operations and technical safety. It has nothing to do with sovereignty, or security, in terms of law enforcement. The whole point of a management company is that they manage the technical aspects of the port. If they fail to do so well, then of course they are responsible for it. Its irrelevant if its a foreign or domestic company; if your negligence leads to something blowing up your port, you're responsible. But if you don't want things blowing up, then perhaps you should give the management of the port to a company that does it well, and not to one that does it poorly simply because it is domestic.
As a devotee of high school education, I have never seen a port management contract and yet I would not believe it would not have a provision whose gist would be: "all state and national laws regardless of nature (including but not limited to those pertaining to immigration, safety, health, and labor) shall be followed and any infractions thereof shall be immediately reported to relevant government authorities and corrective actions shall be implemented to prevent further occurrences". This clause would be the heart of the criminal negligence charge. It also illustrates my previous contention that policing is post-facto. Prevention requires oversight and that is the realm of management.
You're again confusing unrelated issues. Health and safety and technical operations are the responsibility of the management firm. Law enforcement regarding immigration etc., is not an ex-post responsibility of law enforcement of said country, or ex-ante responsibility of the terminal manager. It is always ex-ante responsibility of law enforcement of said country. When a US company manages an airport in China, does it bring over US cops to patrol the airport? No. When a European company manages an airport in the US, does it bring over British cops to patrol the US airport? No. TSA and local police are the ones responsible, regardless who operates the airport. There is no contract in the world that cedes sovereignty to any entity, foreign or domestic on law enforcement matters. Immigration or any kind of law enforcement is not the responsibility of the managing company, whether it is American or foreign.
You seem to think a foreign company operating some industrial complex is like an embassy?
Are Saudi Aramco operations in the US, Saudi Arabian sovereign territory? http://www.aramcoservices.com/Who-We-Are/Our-Reach.aspx Are American cops and law enforcement not allowed to enter Saudi Aramco refineries and oil operations in the US? Are Saudi Aramco research centers in the US not subject to the same laws as Exxon-Mobile research centers in the US? Can Saudi Aramco headquarters in Houston ship in Saudi soldiers into its buildings, and US law enforcement has no jurisdiction?
As tempting as it is, I will pass on the notion of who is worthy to participate in democracy.
Last time I checked we were a nation of laws, in the US. Not a nation of mobs. So no, the mob doesn't get to dictate what companies do or with who, simply because the mob doesn't like it. The law dictates what they do and with who.