The Infuence And Contermeasures To Banks Of The Rutterdam Rules To Delivering Of The Goods Without Original Bill Of Lading

The development of shipping shortens the time of voyage and speeds up the deliverring of goods, so the problem of delivering of goods without original bill of lading appears in the shipping area, which is a difficulty to them. The Rotterdam Rules provide a new way to solve this problem, but the complex operation is up the difficulty of solving problems, the new rules give the rights and obligations to several major subject in international trade,but ignore the bank that plays a role of important link. Delivering of goods without original bill of lading not noly brings adverse effect to the carrier, the holder of original bill of lading and importers and exporters,but also make loss to the bank who is the advanced payment party. This thesis analyse the loss of bank caused by delivering of goods without original bill of lading under the Rotterdam Rules. Meanwhile, the author puts forward my own advice to this problem.The first chapter introduces the basic information of delivering of goods without original bill of lading. This chapter discusses how it happens and its influence of foreign trade, and mainly analyzes that in situations where the goods is paid by L/C under various bill of lading, it destroys credit mechanism.The second chapter represents how the new rules about delivering of goods without original bill of lading in Rotterdam Rules impacts banks. It explains the rules about delivering of goods without original bill of lading in several conventions, and emphasizes the provisions of it in new rules. It concludes the situations where carriers deliver of goods without original bill of lading and these new rules have a negative pact on bank.The third chapter explains how banks in China ward off the risks aroused by delivering of goods without original bill of lading. According to the practice of several shipping countries and the attitude of judicial circles in China towards to delivering of goods without original bill of lading, this chapter summarizes some conventional methods. On the basis of above analysis, the author puts forward some thoughts and suggestions.