Research On Risk Prevention Of Delivery Of Goods Without Delivery

The Rotterdam Rules, ratified in2008, intends to replace the original internationalrules and uniform the international law on carriage of goods by sea. The Rotterdam Rulesinclude many revolutionary rules, which are likely to have a significant impact on theshipping community and trade circles. FOB terms are the most popular in our countryaround the world, thus, the proportion of trade through the FOB term is also very high.Under the background of there above, this paper aims to study the risk of new rules ondelivery of goods without B/L, especially problems of the risk and protection under theFOB term. Standing on the position of the FOB exporters, analyzes the practice andlegislative status quo of shipment release without collection bill of lading firstly, and thenexpounds the international convention on the changes of the provisions relating to deliveryof goods without B/L, and emphatically expounds the influence on the risk of delivery ofgoods without original bill of lading according to the Rotterdam rules on the regulation ofshipment release without collection bill of lading, and put forward the corresponding riskcontrol measures.There are four divisions in this paper.The first part, after the brief introduction the concept of risk of delivery of goodswithout B/L, then analyzes the practice and the current situation of legislation on shipmentrelease without collection bill of lading for further argument.In the second part, the changes of regulations on shipment release without collectionbill of lading in the relevant international conventions are analyzed, forming a graduallyclear chart about shipment release without collection bill of lading.The third part is the focus of this paper, the risk of shipment release withoutcollection bill of lading under the Rotterdam Rules is discussed in detail by the author. Imacro view the risk of delivery of goods without B/L, and then carry on the analysis andevaluation about delivery of goods without B/L risk regulation in the reflection of theRotterdam Rules, proceeding to discuss the risk of shipment release without collection billof lading under the perspective of the Rotterdam Rules in detail, that are, the seller’s risk of out of control on the goods, the seller’s risk of loss of his right to appeal, and theseller’s risk of no access to foreign exchange.The fourth part, I synthesize all the first three parts and put forward the risk control ofdelivery of goods without B/L under the Rotterdam rules pointedly, integrating the presentsituation of shipment release without collection bill of lading with the evaluation on thebasis of the relevant international rules.