On Issue Of Legal Effect Regarding To The Incorporation Clause In Bill Of Lading Under Voyage Charter Party Between Great Britain And China

Voyage chartering has a long history; this kind of transportation method occupies 40% quotas in the world shipping market (based on the year 2004). Voyage chartering is of extremely great importance especially in Asian short voyage chartering market. A bill of lading (B/L) is an important document in international trade and international carriage of goods by sea .The effect of a B/L clause exerts a great influence on the rights and duties of the contracting parties. In the practice of international carriage of goods by sea, a B/L which is signed according to a charter party is often referred to as a"B/L under C/P", and it usually contains a clause which references to a charter party using general words and such kind of B/L clause is called the"incorporation clause". Since the incorporation clause is usually simply phrased it can be clarified only by referring to the cited C/P, meanwhile different parties are concerned in the relationship of the clause, it really adds to the uncertainty of the content of the incorporation clause. Concerning the legal effect of the incorporation clause, it is a pity relevant law and regulations in our country are not practically maneuverable so that the issue of legal effect of the incorporation clause becomes a"grey area"in maritime law. For the reasons of history, the maritime law of Britain is compared more detailed and complete and it has been taking the leadership in the word. In this thesis, the author manages to research the British classic cases regulating the legal effect of the incorporation clause, and summarizes some basic principles which determine the legal effect. The author also tries to make a research into such an issue in combination with the legislations and judicial practices in China. The thesis consists of four chapters.Chapter one mainly talks about the incorporation clause and bill of lading relations. First, the author analyzes methods of international carriage of goods by sea which are closely related to B/Ls, and concludes that it is the voyage charter party that most connects with the incorporation clause. The author then gives definition of the incorporation clause and analyzes its forms and functions. In order to understand the incorporation clause well, the author analyzes bill of lading relations briefly.In chapter two, the author lays emphasis on British classic cases which regulate the legal effect of incorporation clause. From these classic cases, the author summarizes some basic principles which determine the legal effect in Great Britain, hoping that they can be used for reference in our legislation.Chapter three, however, concerns mainly about our country's laws and regulations. The author analyzes"Maritime Code of the People's Republic of China"and"Arbitration Law of the People's Republic of China"which are most related to the issue. The author also analyzes the defects of the above two codes and their bad influences both in jurisprudence and practice.In chapter four, the author proposes the perfection of the legislation for incorporation clause in China. The author sets forth some basic principles which determine the legal effect of the incorporation clause according to the analysis of chapter two, and then expounds some detailed proposals in respect of the issue and the methods of perfection.