Analyze Straight Bill Of Lading From The Perspective Of The Rotterdam Rules

In recent years, straight bill of lading has applied more and more frequently in practice and has caught widespread attention of international community. Relative to the existing international conventions on the carriage of goods by sea, the Rotterdam Rules makes a series of innovation about straight bill of lading and will promote the new development of straight bill of lading.This thesis is divided into four parts except introduction and conclusion.Chapter1makes a brief introduction on the concept and identification standards of straight bill of lading. There is no clearly definition about the above problems in most countries in the world. The United States originally defines related contents. In practice, people usually identify a straight bill of lading according to the accords of "consignee" and the clauses of a bill.Chapter2demonstrates the controversy about straight bill of lading. Firstly, different countries hold different attitudes concerning the relationship between a straight bill of lading and a bill of lading. Some countries include straight bill of lading into bill of lading. Some countries exclude straight bill of lading from bill of lading. And some countries make a compromise. Secondly, the relationship between a straight bill of lading and a seaway bill is complicated. Some countries apply those two documents as one. Others argue that those two documents are totally different from each other. Thirdly, there is a controversy about the concept of "Document of Title" in the academic field in our country. The author believes that straight bill of lading is "Document of Title", although it is nonnegotiable. Fourthly, the delivery of goods under a straight bill of lading is different from country to country. There are so many cases indicated that carrier should deliver goods against a straight bill of lading. Meanwhile, cases indicated that carrier could deliver goods without a straight bill of lading can be easily found. Personally, I support the former view.Chapter3shows the new development of straight bill of lading in the Rotterdam Rules. Firstly, in this convention, straight bill of lading is defined as nonnegotiable documents. Secondly, the Rotterdam Rules introduces the identification standards of straight bill of lading in an exclusive way. Thirdly, the Rotterdam Rules provides specific regulation about the delivery goods under a straight bill of lading. Fourthly, it is the first time for an international convention on the carriage of goods by sea to introduce the contents of "right of control" and promotes the straight bill of lading system.Chapter4analyzes the advices to our legislation. The author believes that this new convention provides an excellent opportunity to develop related regulations in our country. Our legislation should specify the concept and identification standards of straight bill of lading, perfect the rules about delivery of goods under straight bill of lading and introduce the contents of right of control.