On The House B/L And The Relevant Legal Issues Thereof

The international freight forwarder market is ill-regulated at present and in particular, the international house B/L is virtually in a disorderly and ruleless situation with no effective regulation in place, resulting in rampant illicit operation. House B/L from abroad has been negotiable with no obstacle, leading to various potential risks. Though the Chinese government has enacted relevant interim regulation or administrative orders aiming to regulating the international freight forwarder and the house B/L, it has failed at large in turning around the messy market.In order to resolve the series of problems caused by the international house B/L in a fundamental manner, it is inevitable and necessary to firstly sort out the legal relationship associated with and the legal nature of an international house B/L, and give adequate attention to the various risks and liabilities arising from the actual practice of the international house B/L; we need to study and learn from the legislation of other states in the world and the legislative expertise of FIATA and the relevant international custom and usage in relation to B/L; based on the above, we need to make legal analysis and evaluate the actual effects in regard to the relevant current and coming laws, administrative regulation and rules. The paper attempts to put forward its own viewpoints with a view to resolving those legal issues resulted from the practice of the international house B/L.This paper is organized into six chapters.Chapter 1 begins with the explanation of the concept, denotation and connotation of an international house B/L and then analyzes and explicates the legal relationship and functions and the realty nature of such B/L and then makes comparison in respect of a house B/L, the NVOC B/L and the master B/L and ends with detailed analysis of the negotiation of an international house B/L.Chapter 2 addresses on a comprehensive basis the risks of the seller and purchaser in the international freight forwarding caused by the international house B/L and the right of claim arising therefrom.Chapter 3 conducts comparative study regarding the prevailing administrative regulation in different states with regard to the international freight forwarding and the house B/L.Chapter 4 makes analysis regarding the classification, terms and current legislation of the liability insurance in the international freight forwarding. Chapter 5 describes the prospective and the development trend of the uniform substantive law in respect of the international freight forwarding and the B/L involved therein.Chapter 6 spells out the right of complaint issue concerning the international house B/L and proposes several legislation suggestions.The writing of this paper is given birth against the backdrop of the disorderly market of the international freight forwarding, and the paper, under the instruction of my tutor, studies the international house B/L and the relevant legal issues associated therewith and the current legal phenomena and legislation thereof with a view to exploring solution to resolve the legislative default problem facing both China and the international community.