Development On Delivery Goods Without Bill Of Lading And The Revelation For China‐from The Perspective Of Rotterdam Rules

As the development and improvement of international trade environment andmaritime transport industry, the bill of lading system has experienced extreme impactby delivery goods without bill of lading. Due to this phenomenon, the seller’s legalrights are being infringed. At the same time, the carrier is always responsible for thedelivery of goods without bill of lading, which seems outdated now. Therefore, Howto regulate delivery of goods without B/L, has become a legislative focus for countriesall over the world. Against the status quo, UN Commission on International TradeLaw (UNCITRAL) issued United Nations Convention on Contracts for theInternational Carriage of Goods Wholly or Partly by Sea, referred to as TheRotterdam Rules. The convention allows delivery of goods without bill of lading oncertain circumstances, depending on both parties’ choices and their own meaning,which, to some extent, balances the distribution of responsibility and release thecarrier. Therefore, The Rotterdam Rules attracted the world’s attention. However, TheRotterdam Rules is a compromise from different countries, whose benefits differsfrom each other. The convention cannot provide comprehensive protections toeveryone.China allows delivery of nominate bill of lading under some conditions, whichdemonstrates a big progress in this fields, and reflects the spirit of the convention. While on the Blank B/L, we still insist the rule of delivery of goods with B/L. Thislegislation condition can maintain stability of law and basis of B/L system, effectivelyminimizing the impact on transport industry, banking industry and trade sectors.This essay includes four parts. The first part demonstrates the basic definition.The second part is about legislation and judicial practice about many countries. Thethird part focuses on the provision of delivery of goods without B/L on the RotterdamRules. The fourth part gives some advices and attitude towards the convention.