On Remodeling And Influence Of Rotterdam Rules Towards Document Of Title With Bill Of Lading

As an essential and important document in the process of the carriage of goods by sea, the bill of lading plays a crucial role in the international sale of goods, transport, settlement and other aspects by its unique function as a document of title. With the continuous development of the shipping practice, the traditional bill of lading system is facing serious challenges. The lag of the legislative process about transport document system, leads to the current bill of lading legal system unable to cope with many difficulties in practice, and hinders the development of the international trade in some extent.The Rotterdam Rules, which have been discussed and adopted by the United Nations General Assembly in December,2008, have attracted more attention of the relevant industries and many other scholars with its innovative mechanism. A major change made by the Convention is that it promoted the concept of transport document covering the bill of lading. How to understand the relationship between the transport documents and bills of lading? Whether the transport document also has the function as a document of title of the traditional bill of lading? How to apply the other transport document in addition to the bill of lading? The above issues will have a significant impact to the traditional bill of lading system and its status. This paper uses a comprehensive method of empirical analysis and normative analysis, comparative analysis, deductive reasoning and literature research, to delve into the law of development of the transport documents system, and analyze the legislative trends in order to improve the legal system of the bill of lading.The full text is divided into five parts. The first chapter introduces the significance of the transport document system, the contents about structure, the research methods, and the innovation of the article under the perspective of the "Rotterdam Rules".The second chapter is a review on the theory of the bill of lading’s function as a document of title. It introduces the origin and meaning of the bill of lading’s function as a document of title and it also gives a theoretical review and empirical analysis about the real effectiveness of the bill of lading. The third chapter focuses on the heritage of the "Rotterdam Rules" on the bill of lading property function. By comparative analysis of the concept of transport documents and traditional maritime significance under the framework of the Convention on the bill of lading, and the "Rotterdam Rules" for the relevant provisions of the negotiable bill of lading, this paper comes to a conclusion that the "Rotterdam Rules" is a recessive inheritance for the property rights function of bill of lading.The fourth chapter discusses the innovative mechanisms of the "Rotterdam Rules" in the transport document system architecture. On the one hand, the breakthrough for the principle of vouchers for delivery of goods weakened the function of bill of lading as a document of title to a certain extent. On the other hand, the Convention presents the corresponding compensation for deficiencies through the establishment of cargo control system.The fifth chapter makes a superficial analysis of the impact of the "Rotterdam Rules" on the bill of lading system in China. By the potential problems and obstacles which the Convention may bring, this paper puts forward appropriate legislative proposals to build and improve on the bill of lading system in China.