The Impacts Of The Rotterdam Rules On The Bank

In order to solve the problems happened in international carriage of goods by sea, the UN General Assembly passed the Rotterdam Rules on December 11,2008 whose purpose is to make up for the deficiency of existing convention. Based on the practice of international carriage of goods by sea, the Rotterdam Rules balance the interests of all parties in the contract and take a innovative way to make the rules which is different from the previous convention. Therefore, these rules will affect the benefits of all parties in the contract. The bank providing the services of international trade settlement or financing in international carriage of goods by sea, was affected directly or indirectly.This thesis focuses on the rules of the Right of Control, Transfer of Rights and Legally Release the Goods without Original B/L to explain how these rules will affect the bank seriously,and after that, the thesis give some suggestions. For Right of Control, the new rules give the bank a confirm right to control the goods when it hold the B/L. However, according to the rules, it is hard for the bank to acquire the Right of Control in practice. For Transfer of Rights, the new rule adopted rights and obligations unified transfer mode to avoid the bank bear unnecessary responsibility and obligation under certain circumstances. For Legally Release the Goods without Original B/L, the new rule weakens the effect of property rights certificate of B/L, which alleviates the responsibility of carrier as increasing the liability of the bank.The bank must take a positive attitude to analyze and do research on the influence of the Rotterdam Rules, and take measures to avoid adverse effects. Only in this way, the bank under the new environment will be more competitive.