A Study On Bill Of Lading Disputes Under International Sales Contract

International trade is a network of contracts, such as sales contract, transport contract, letter of credit, etc. On the center of a transaction is , so to say, the sales contract, the specific conditions and clauses of which largely govern the contents of the transport contract and the letter of credit. The requirements on bill of lading in the sales contract are the basis of those in the chain of maritime transport. The bill of lading, which is referred to as the carrier of the international trading and shipping, interlaces the sales contract, the transportation contract, the letter of credit, etc., in the shipping business, thus making the bill of lading disputes overrun the spectrum of carriage by sea, bed themselves deeply in the international sales of goods and even run through the whole process of international trade. In practice, however, the sales contract, the transport contract and the letter of credit are independent of one another and are therefore different in the application of laws, rules and regulations as well as the subjects and objects. Such contradictions as are both dependent and independent in theory and practice lead to the frequency and complexity of bill of lading disputes.This thesis is an in-depth theoretical and practical study and analysis on the reasons of occurrence, the various points of view in the academic circles, the specific forms of expression, the measures of prevention, and so on, about the existing bill of lading disputes closely related to the contents of international sales contract, such as bill of lading remarks, advanced bill of lading, anti-date bill of lading, delivery of goods without presentation of the original bill of lading, letter of indemnity and demurrage. It is made with reference to the legislation about bill of lading in the U.K., the U.S.A., Japan, France, Germany, Korea, Taiwan, etc., in the light of the related provisions of international treaties and practices, on the basis of China's Maritime Code, General Rules of the Civil Law, Contract Law and judicial interpretations, and by use of a large number of typical domestic and overseas cases. A conclusion is reached that the disputes resulted from carriage by sea can not be settled objectively or impartially simply by applying them to the law about Carriage of Goods by Sea, even though Sales of Goods, Carriage by Sea, Letterof Credit and so on — they can be studied independently for the purpose of theoretical research or legislation. As such, the judicial practice should not be restricted to the traditional points of view, but should be based on the understanding and grasping of the bill of lading disputes arising in the course of maritime transport with reference to the whole process of international trade and in connection with all the laws and regulations involved, with a view to carefully studying, analyzing and confirming the law that is applicable. Only in so doing can judicial justice and judgment convenience be achieved, can both the ship and the cargo owners' economic interests be protected and promoted, and furthermore, can the international trading and shipping develop healthily and smoothly.In this paper, specific suggestions and ideas are put forward about how to amend the unreasonable and imperfect provisions in the Maritime Code of the People's Republic of China. As well are some personal opinions and views presented herein about how to enforce China's legislation related thereto and to tackle the problems concerned with the existing laws. Through the study in the paper, it is expected that enthusiasm of further studying can be aroused in the industrial and academic circles, which will mean contributions to the consummation of China's maritime legislation and judicial justice.