On The Evolution Of B/L’s Function As Document Of Title

Bills of Lading (abbreviated as "B/L" in the following), over several hundredyears’ evolution and development, is playing an extremely important role on theinternational maritime transport of goods all the time. With the development ofmodern navigation technology and the increase of international trades by sea, thebasic function of B/L is changing and being specified unceasingly, so as the functionas document of title, which is one of the basic functions of B/L. Over the centuries,the B/L’s function as document title, as the basis of B/L system, has developed fromits embryonic stage to the stage of solidification in the age of unified Laws ofMaritime Transport, and then to the loss reduction and improvement stage under thesystem of Rotterdam Rules. Surveying this evolution process, it is not difficult to findthat the evolution of the B/L’s function as document title each time not only meets therequirement of international maritime transport of goods, but also contribute to theprosperity of international trades by sea, which makes sure that B/L plays animportant role all the time in trades of international maritime transport of goods.As for B/L’s title deed to the goods function, there is still an argument inacademic world about whether it exists or not. However, according to mainstreamviews and the practice customs and legislation standard of international tradetransportation, there is no doubt that B/L has the function of title deed to the goods. Itis the evolution of B/L’s function as document title that improves the B/L system. Atthe stage of customary law in the maritime goods transportation, B/L begins to workas the evidence of goods transportation. And then at the stage of the top three unifiedconventions of international maritime transport of goods, including Hague Rules,Visby Rules, Hamburg Rules, this function is solidified gradually. The benefit-relatedcompetition between ship interests and cargo interests in the latter period has greatlyexerted influences on the international goods transportation. The B/L’s function asdocument title is being solidified as the two sides competes, and thus makes sure the fairness to the both sides, and finally the international maritime transportation stepsforward smoothly.This thesis revolves around three main clues. The first one is the influenceswhich the principle of contractual freedom exerts on the development of internationalmaritime transportation of goods. The embryonic stage of the principle of contractualfreedom in the civil and commercial field is just the initial stage of internationalmaritime transportation of goods when B/L only exists as customs and routines in thetrade between ship interests and cargo interests. Then the principle of contractualfreedom is restrained, and this stage warmly braced the coming of the age of unifiedLaws of Maritime Transport. The Hague Rules and Visby Rules is partial to the shipinterests, and this is the stage in which the principle of contractual freedom beginsand being widely used. In Hamburg Rules, rules benefiting both ship interests andcargo interests are added, and in this period, the principle of contractual freedom isrestrained and even discarded. However, this principle is once again brought into theRotterdam Rules. The admit of the legitimacy of delivery of goods without B/L canwell illustrate this. Bringing this principle again means the weakening of B/L’s titledeed to the goods function, which implicates that B/L’s function as document titleshould be reoriented. The second one is the evolution of the Unified Laws ofMaritime Transportation, complete with Custom Law, three important maritimetransportation conventions, and the Rotterdam Rules. It is in this process that B/L’sfunction as document title is established and even improved, which is the sameprocess of the development of international maritime transportation of goods. Thethird one is the competition between ship side and cargo side in internationalmaritime transportation of goods. Over several centuries’ competition, the status andbenefits of the two sides have changed fundamentally. The ship side, in powerfulposition before, now is back to normal, while the cargo side, in inferior positionbefore, now is changing his voice of striving for legitimate interest into reality. In fact,the competition between the two sides speeds up the perfection of B/L’s title deed tothe goods function.The different roles the B/L’s function as document title plays and the differenteffects it exerts in every stage of maritime transport of goods development will be explored both vertically and laterally in this thesis through the analysis of theevolution of B/L’s title deed to the goods function. Especially with the combination ofB/L’s function as document title under the system of the Rotterdam Rules, conclusionis drawn that B/L’s function as document title is inherited implicitly in the newmaritime transport system, and it is in conformity with the current developmenttendency of international maritime transport of goods more. Besides, thecountermeasures China should take to the system of the Rotterdam Rules are alsodiscussed in this thesis.