New Development And Its Enlightenment Of Goods Delivery Without Presentation Of Original Bill Of Lading Under The Rotterdam Rules

In the bill of lading (B/L) system, the fragmentation and different understandingtowards it lead directly to the chaos of practices worldwide, which among them,delivery of goods without the presentation of original bill of lading is the prominentone.The Rotterdam Rules is the newest updated convention concerning internationalmaritime practice. Purpose of which is to solve the practical problems in the field.Though the convention is not faultless, and whether its purpose can be brought intoreality is still in questioning. But its unique solution over the problem of goodsdelivery without presentation of original bill of lading is definitely new andpromising.Maritime Law and Several Provisions of the Supreme People’s Court onApplication of Law for Trial of Disputes over Delivery of Goods without Productionof Original Bill of Lading framed the basic system of goods delivery withoutpresentation of original bill of lading in China.Though detailed analysis over the Convention and Chinese’s Law system, thisthesis aimed to some approaches and advices, like: we could selectively accept theadvanced concept in The Rotterdam Rules, and refining some missing details ofrelated system in China. Furthermore, China might need to establish the legislation system towardsElectronic Documentation soon, as a way to solve the unbalanced situation of allparties in the B/L system.