Research On Changes And Precautions To The Risk Of Delivery Of Goods Without The Original B/L Under The Rotterdam Rules

"The United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea" ("The Rotterdam Rules" for short) reviewed and proved by the United Nations General Assembly on December 2008. The aim of "The Rotterdam Rules" is to replace the original "Hague Rules", "Visby Rules", "Hamburg Rules" and became the single convention on the law of international maritime transport of goods."The Rotterdam Rules", which re-balancing of the interests between the carrier and the shipper, taking into account "door to door" means of transport, is in line with the development of the times, and in its original signatories, includes the United States and France and other developed countries, represents a total of more than 25% of global volume. Therefore, "The Rotterdam Rules" has a considerable influence.There are many innovative provisions in "The Rotterdam Rules", which will have an impact on many aspects of navigation and trade.This paper mainly study on the impact to the risk of delivery of goods without the original B/L, especially such risk under the FOB terms. As we all know, in the export trade, China is the largest country that using the FOB terms, FOB trading volume accounts for a large proportion. Therefore, in this context, the article with "The Rotterdam Rules",from the point of view FOB exporters,has a new research on the old problem of delivery of goods without the original B/L, analyzes the changes in the risk after the introduction of the new rules,and accordingly put forward some measures of risk prevention, so that the majority of our exporters, especially the FOB exporters can recognize the risk more clearly, thereby reducing losses.The article begins with an overview to "The Rotterdam Rules" to highlights its influence and briefly describes the impact on delivery of goods without the original B/L. Secondly,it analyzes the current situation of delivery of goods without the original B/L with the trading volume of FOB in China's export trade, and point out the causes of it.Thirdly, the article compares with the general risk and emphasize the changes of the risk under"The Rotterdam rules"with three aspects in "The Rotterdam Rules" that related to the risk of delivery of goods without the original B/L-" the shipper system", "right of control system", and "provision about delivery of goods without the original B/L in delivery of the goods", then comes to the basic conclusion that the risk of delivery of goods without the original B/L increases under "The Rotterdam Rules". Followed by the paper, two cases are used to deepen the analysis. Finally, based on the analysis of the changes in risk, the thesis from macro and micro level put forward some suggestions. Macro level, we should take opportunity of the issuing of "The Rotterdam Rules" to improve China's "maritime law", while FOB exporters should enhance self-awareness of prevention, learning-related rules and practices; micro level, exporters should not give up the right of space booking and obtaining B/L, and select the document type cautiously, review the credits of the buyer and freight forwarder carefully. In addition, FOB exporters should strive to become the"documentary shipper"and the"controlling party" under "The Rotterdam rule",and so on.