Study On Conflict Law Of Electronic Bills Of Lading

Bill of lading is the most important document of international trade and transportation.Traditional paper-based bill of lading has the function of receipt of the goods,contract proof and document of title. However,with development and progress of the international shipping industry,traditional bill of lading has fallen been markedly behind the times,to reform in order to compensate for its shortcomings negative effects has become a necessity. With the continuous development and progress of e-commerce,electronic bill of lading more and more been concerned,it retains the traditional bill of lading on the basis of the functions,closely integrated with the data message,efficiency,energy saving,accurate and security,the trend of bill of lading replaced by electronic bill of lading is unstoppabe in modern shipping industry.More than 80% international trade are accomplished by marine transport. For regulating the marine cargo transport,there are four international conventions-《The Hague Rules》(1924),《The Hague-visby Rules》(1968),《The Hamburg Rules》,and the latest《The Rotterdam Rules》(2009),additionally,as each country formulate their domestic legislation based on the conventions or according to their domestic circumstances,legal system are sharply divided on international marine cargo transport,it certainly results in numbers of legal conflicts in trade of electronic bill of lading.This paper analyzes conflicts of legal of electronic bill of lading from many aspects such as the identification, jurisdiction and application Law,and introduces the present situation of the legal issues of electronic bills of lading conflict law,and gives some suggestions on the revision and consummation of the legislation of electronic bill of lading conflict law combines《the Rotterdam rules》However,domestic legislation on identification of electronic bill of lading differ in different countries,so clashing and disunity is still possible,the latest sign of《The Rotterdam Rules》admit and legal effect of electronic transport records,electronic bill of lading is being applied more and more widely in the world.There are two models in jurisdiction of electronic bill of lading,the general jurisdiction and the agreement jurisdiction,of the former,different legal system has different jurisdiction standards and basis. However,few international conventions touch on this sensitive issue about judicial sovereignty of one county. In order to promote unification of international conventions,five physical connection point is quoted as juridical base among the 66 articles of《the Rotterdam Rules》,thus providing an legal basis for dispute parties.The choice of jurisdiction of a court by agreement was met with general acceptance not only in the area of international business but also in the area of electronic commerce.The choice of contract of transportation parties of jurisdiction of a court by agreement is allowed by《The Rotterdam Rules》,the exclusive effective of this court choice of contracton is authorized on the premise of certain condition.Base on the status quo of international commercial and the properties of electronic bill of lading,jurisdiction by parties agreement is should be encouraged and supported in future legislation. About application of law of electronic bill of lading, this paper analyzes the application of law from creditor relations and property relations. The application Law of creditor relations obey the principle,the international conventions is priority applicable,the party autonomy principle is universal applicable,and the application of the closest connection is supplement applicable. Because of the interposition of the registration organ as third party,the application law of property relations obey the law of the registration organ at the locality,fay in with the application of the closest connection,it is a logical choice.Finally,from the definitio,jurisdiction, applicable law,and etc.,of electronic bill of lading,this paper putting forward the proposal for revising our《The Maritime Law》and electronic bills of lading conflict legislation.