On The Application Of Law Of B/L

Bill of Lading is a document issued by the carrier to the shipper in the course of carriage of goods by sea. It plays an important role in overseas transportation and international trade. It is also a legal concept that causes the most of the disputes in maritime academia. Different from the charter party, the parties to a B/L do not stand on the equal status. Different international conventions and different countries have different provisions on it. So, the application of law of B/L is very complex. The dissensions in respect of B/L mostly related to the ostensible title of B/L, the substantive title of B/L, and the legal conduct of B/L.The article tries to make a research on four aspects for the application of law of B/L.On the application of law of the legal conduct of B/L: The article started with the application of law of general legal conduct, and then analyzed the particularity of the legal conduct of B/L, and put forward that it should apply the lex loci actus according to the principle of locus regit actum.On the application of law of the ostensible title of B/L: The applicable law of the B/L we usually talked about means that of the ostensible title of B/L. This is because most of the issues concentrate on the ostensible title of B/L. Besides, the international convention of B/L and the legislation of B/L in many countries are also focus on its ostensible title. This article firstly analyzed the characteristic of its ostensible title, and defmitized its independency. Then, the article made comments on the theories of its ostensible title, and put forward that the ostensible title of B/L is a relation of security. There, the applicable of law should be the law appointed on the security, that is, the clause of application of law on the B/L.On the application of law of the substantive title of B/L: The B/L onlyproves the occupation of the goods by the holder. Thus, the applicable law of B/L should be lex rei sitae. Whereas the location cannot be definite, the applicable law can be made certain by such point of contract as the location of delivery of goods or the location of the detaining of the goods.On the application of law of the recognition of the parties: The parties to the B/L are more complex than that of other contracts. In addition, the concepts of "carrier", "holder" and "shipper" are different in different legislation. The applicable law of the recognition is a particular problem. The article analyses the difficulties in deciding the applicable law of the recognition of the parties in theory. Besides, there are no definite cases in practice.On the application of law of the cases of delivery of the goods without the original B/L: Firstly, the article analyzed the three theory of the characteristic of delivery of good without original B/L, and then brought forward that we should decide the applicable law in accordance with different cases.In the end, about the solution of the conflict of laws of B/L, we should make an international convention that can bind all the aspects of the B/L.Zhou Ying (International Law) Directed by Prof. Hou Jun...