Ley 75 de 1968 Artículo 40 Pena de seis meses a dos años de prisión, a aquella persona que sin justa causa
1.4 La función de la pena
1.4.1 La función de la pena en los modelos de estado
1.4.1.3 El estado social y democrático de derecho y la función de la pena
Research such as Jarzemskis and Vailiauskas (2007); Padilha and Ng (2012) and Ng et al. (2013) indicates that the location of a dry port, its transport connectivity, the freight market supporting its operations, and its relationship with seaports are the main determinants for functional dry port operations. These determinants are categorised as hinterland condition factors.
3.2.1.1 Location of the dry port
The location of dry ports in relation to seaports and industrial zones affects how they can support the capacity of seaports in accommodating container traffic and helping shippers to reduce their transportation costs (Jarzemskis & Vailiauskas 2007; Bergqvist et al. 2010). The costs of development and economic stimulus for regional economic development are the major factors affecting the determination of dry ports. These two elements provide a high potential for industrial development and generate a demand for dry ports (Bergqvist et al. 2010; Hanaoka and Regmi 2011; Chang et al. 2015). For example, in Sweden, dry ports are located adjacent to industrial development zones to assist the shipper in maximising their profits by reducing the cost of transportation from the hinterland to seaports (Bergqvist et al. 2010). This example indicates that the location of dry ports near manufacturing areas promotes the development of a dry port by providing costs and time advantages to shippers.
62
On the other hand, a well-positioned dry port directly connected to a seaport attracts service providers and manufacturers to their surrounding area and supports the seaport in expanding its hinterland markets. For example, in the USA, Virginia Inland Port is a seaport based dry port supporting the Port of Virginia. This dry port has managed to attract capital investment from private investors and this has prompted the establishment of new firms near the dry port (Padilha & Ng 2012). This example demonstrates that a dry port itself can attract businesses and investment as long as it is in a good location with a good connection to a seaport.
3.2.1.2Transportation connectivity
As an important node in the transport network, dry ports must possess a high frequency of transport services (Roso 2008) and a high quality of transport infrastructure such as rail, road or inland waterways (Horst & Langen 2008) for container distribution to and from the seaport. Transport efficiency and a high capacity of transport modes increase the speed of movement of containers without excessive dwelling times, which subsequently minimises overall transport costs (Ahamed 2010). The ability of a dry port to provide sufficient transport services due to the adequate transport connectivity prevents clients from outsourcing to external logistic providers (Bergqvist et al. 2010). An outcome from research on networking development between logistic centres, seaports and other logistic operators by The Association of Danish Transport Centres (FDT) indicated that for effective dry port operations, regularity, frequency, dependability, flexibility and availability of transport connections between seaports and dry ports are critical from the carriers’ perspective (FDT 2007).
For example, according to Hanaoka and Regmi (2011), the combination of road and rail transportation to and from seaports via dry ports for container collection and distribution
63
increases the traffic of containers being handled in Indian inland container depots (ICD). In Africa, however, poor connections of land transport systems have increased container dwelling times from 12 to 15 days, well exceeding the international best practice time of seven days. This kind of slow movement of containers due to poor transport connectivity is the main reason for the failure of the dry port in Egypt (Government of Egypt 1999). These examples show the importance of a high level of transport connectivity between dry ports and to seaports because they affect the performance of dry ports and the efficiency of the container transportation system.
3.2.1.3 The freight market
The availability of the freight market from the production zone all the way to a seaport via a dry port also supports dry port operations. The volume of containerised commodities, directional split for imports and exports and forecasts of future growth in trade flows are vital for dry port operations (UNCTAD 1991). In Brazil for example, space limitations make it unable to gain further benefits from the economics of scale, in fact they have increased the inconsistency of freight flows to and from the Santos seaport. However, the involvement of dry ports in Sao Paulo has increased the concentration of minerals and agricultural freight flows at Santos seaport (Ng et al. 2013). The development of Mandalay Dry Port in Myanmar and Cikarang Dry Port in Indonesia are examples of some dry ports assisting seaports to enhance their container volume in their respective regions (CDP 2013; Black et al 2013). These examples show that the availability of a freight market contributes to a positive outcome in dry port operations and contributes to additional containers to seaports.
Low availability of freight in Amal Dry Port in Sweden caused this dry port to be urgently shifted to another place close to the production area. The shifting of Amal Dry Port to a
64
manufacturing area increased the volume of containers and utilised the space and capacity of the dry port (Woxenius & Bergqvist 2010). The establishment of dry ports close to manufacturing areas not only secures freight to dry ports but also reduces transportation costs and prevents delays for manufacturers in distributing containers to seaports through their respective dry ports (Hanaoka & Regmi 2011).
3.2.1.4 The seaport–dry port relationship
Although it is noted that the association between seaports and dry ports is important for the two transport nodes to work efficiently in a freight system (Rosa & Roscelli 2009), in reality competition exists between seaports and dry ports, limiting the performance of dry ports. Particularly when a seaport shows a high interest in dominating its hinterland markets, it triggers competition with dry ports. This has been evident in dry ports in Brazil (Ng et al. 2013).
Competition in similar functions between seaports and dry ports affects the performance of dry ports. For example, seaports intend to gain benefits from dwelling time by delaying the container transfer from seaports to dry ports. As a result, the dry port operator is unable to operate at a competitive advantage level and can fail to deliver containers to the shipper at the promised time (Ng et al. 2013). This implies that a collaborative relationship between dry ports and seaports should be formed to enhance dry ports in managing container freights smoothly, which will in turn benefit customers.