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A Study Of Legal Problems Of Electronic Bill Of Lading

Posted on:2006-04-11Degree:MasterType:Thesis
Country:ChinaCandidate:J LiFull Text:PDF
GTID:2166360182483611Subject:Law
Abstract/Summary:PDF Full Text Request
Owing to the flourishing of electronic commerce, the old system of Bill ofLading cannot keep pace with the rapid development of international shippingbecause of high cost, slow turnover, and other limitations. Therefore, internationalshipping industry called for the reformation of Bill of Lading more and more eagerly,hence, a new way of transmitting information—Electronic Bill of Lading (EBL)which takes electronic data as a carrier came into being.Along with the increasing use of EBL in the practice of shipping, more and morepeople came to realize the faultiness and maladjustment of the existing law andregulations. Thus arouse a series of legal problems, especially the problems incirculation and litigation of EBL .The major legal problems in circulation of EBLinclude: Can EBL circulate? How should it circulate? What are responsibilities andrights of the parties in circulation? The outstanding problems in litigation of EBLinclude jurisdiction problem involving foreign parties and the evidence effectivenessof EBL. The use of EBL, to large extent, depends on the solution of the aboveproblems. Many countries have made great effort in solving these problems. In spiteof this, legislation of a single country can by no means thoroughly solve them becauseEBL is operated internationally. Therefore, international pact is necessary, as well asan international legal framework. Some international organizations have drawn upsome model rules of electronic data interchange in order to meet the practicalrequirement.At present, the research of EBL in China is not mature yet, and maritime law hasshown its limitations in theory and in legislation in this new field. In order to keeppace with the development of international shipping field and the widespreadattention to EBL, we need to further study the legal problems of EBL. Meanwhile, wecan introduce helpful practical and theoretical results from foreign countries andinternational organizations in the field of EBL.This essay mainly focuses on the legal problems in circulation and litigation ofEBL with reference to the situation of China and legislative and practical experienceof foreign countries and international organizations. The essay first summarizes theresearch on EBL, then based on that, discusses the legal problems in circulation andlitigation of EBL respectively, and finally tries to find one way of solution bycomparing the legislation and practice of foreign countries and internationalorganizations. At last, some suggestions are put forward in regards to thedevelopment of EBL legislation.
Keywords/Search Tags:Electronic Bill of Lading (EBL), circulation, jurisdiction, evidence effectiveness
PDF Full Text Request
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