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Research On Legal Issues Related To Telex Release In International Maritime Industry

Posted on:2012-08-22Degree:MasterType:Thesis
Country:ChinaCandidate:J LuoFull Text:PDF
GTID:2166330335958055Subject:International Law
Abstract/Summary:PDF Full Text Request
Bill of lading is the cornerstone of international trade and shipping business, which also has a significant effect on international maritime events. However, the paper-document material nature has created different kinds of inconveniences. During longtime marine transport shipping, the goods can be carried to the port of destination while the bill of lading was not delivered at the same time to the consignee, and this kind of situation would cause the consignee unable to accomplish the delivery. With the development of technology and the invention of the telegram, the consignee authorized the consignor to send the delivery authorization documents to them by telegram in order to solve this problem, that's the so-called"telex release"(or"surrendered bill of lading"). Then the technology keeps advancing, fax and e-mail are introduced as new methods in the process of"telex release"."Telex release"often appears in the cases of maritime courts which they dealt with, while the surrendered bills of lading are frequently referred into the international maritime trades. This way of delivery has made business much easier; however, since the shipper can release the goods without the official bill of lading, it also remains risks under cover. As the shipping company gives out the receipt of the surrendered bill of lading, it gets involved in the telex release process, and the surrendered bill of lading grows more popular than ever before in the trades. There is neither a domestic law nor international treaty to legislate the surrendered bill of lading. Under this circumstance, to figure out a way to maintain the advantages of the surrendered bill of lading while lessening the risks it might bring becomes a huge concern among the shipping business.This article is all about the surrendered bill of lading, using the methods of comparing and case analyzing, to research and analyze the background of the surrendered bill of lading, including the laws it connected with. This article was composed by four parts. The first part deals with the background of the surrendered bill of lading, the way it runs in the trading business, and made comments about its basic theory containing its connotation, functions and legal characters. The second part is comparisons between the surrendered bill of lading and the seaway bill; as well as the surrendered bill of lading and the electronic bill of lading. By illustrating the differences, the advantages and shortcomings can be showed and the reasons can be explained why these documents are implied in practice. The third part of this article is real cases that real happened in order to explain the risks it might occur in telex released cases. The fourth part is the legal methods which can be used to diminish the telex release risks, and it was also based upon the cases illustrated above.The closing part indicating that even there are risks using the surrendered bill of lading, still no legislation is available on that. However, because of the convenience the surrendered bill of lading brings, it will still be used in a great range and exist for years in the shipping business, and cannot be replaced by the seaway bill in a short period of time. If the situation calls for the using of the surrendered bill of lading, then it is necessary to take the risks into consideration and figure out the right legal methods to solve the trouble it might cause. This article also reminds the companies using the surrendered bill of lading in their trading business that they should tell the difference from the similar documents such as the seaway bill and the electronic bill of lading; and to make their decision of taking this action more carefully, especially for the shipping companies in China.
Keywords/Search Tags:surrendered bill of lading, telex release letter of guarantee, release goods without original bill of lading, seaway bill, electronic bill of lading
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