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The Research On Legal Issues Of Shipment Release Without Bill Of Lading In The Era Of Rotterdam

Posted on:2015-02-24Degree:MasterType:Thesis
Country:ChinaCandidate:W X LvFull Text:PDF
GTID:2296330422977848Subject:International law
Abstract/Summary:PDF Full Text Request
Bill of lading, as the main carrier of maritime transport, based on which todeliver the goods has become a cardinal principle in the international maritimetransport.But with the development of economic globalization, the increasinglyfrequent international cargo transportation technology continues to progress, theearly backward ocean transportation has been marked with the stigma ofmodernization. Furthermore, the maturity of satellite positioning technology and thedevelopment of the maritime container transport, makes cargo transport time muchmore shortened, while the circulation of original bill of lading could not keep pacewith the speed of the transport of goods, finally the transferability of the original billof lading, which is a traditional strengths, face enormous challenges. In themeantime, cargo transport clients make the phenomenon (delivery of goods withoutoriginal bill of lading) more serious, to improve transaction efficiency and reducecosts. This issue has become a gray area of international transport, disturbs maritimetransport order, and also shaken the fundamental role of traditional original bill oflading.Currently, the relevant provisions of China’s Maritime Law cannot adapt to themodern maritime practice, there are many shortcomings, while the United NationsCommission on International Trade Law introduced the "United Nations Conventionon Contracts for the whole or part of the international maritime transport","Rotterdam Rules" for short. It admitted the legitimacy of delivery of goods withoutoriginal bill of lading, under certain circumstances, aimed at addressing this problemthrough new legal regime of international transport of goods. Based on thecomprehensive analysis on the delivery of goods without original bill of lading in the"Rotterdam Rules", the paper analyzes their advantages and disadvantages, so thatour laws can draw a positive role in the "Rotterdam Rules", grasp the scale ofdelivery of goods without original bill of lading, reduce the risk of thatproblem. This paper makes suggesting for reference of China’s Maritime Law, and ultimately hopes the international maritime transportation develops safely, stably andeffectively.
Keywords/Search Tags:The Rotterdam Rules, Delivery of Goods without Original Bill ofLading, Transport Documents, Right of control
PDF Full Text Request
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