Improvement Of The System Of Delivery Of Goods Without Bill Of Lading In China Under The Rotterdam Rules

The bill of lading is the foundation of international trade and shipping, on thestrength of the original bill of lading release cargo is a traditional practice ofinternational trade and shipping. But with the development of world trade, thelimitation of the bill of lading is increasingly apparent, more and more legal disputesarising from the phenomenon of delivery of goods without the bill of landing, and ithas become the international carriage of goods by a big failing. Delivery of goodswithout the bill of landing has spawn, it arouse serious affecting to the shipping order,and restricts the healthy development of international trade and shipping industry.United Nations Convention on Contracts for the International Carriage of GoodsWholly or Partly by Sea (referred to as Rotterdam Rules) that the internationalcommunity attempt to promote the international maritime trade and transport lawunification, the rules will create new rule that delivery of goods without the bill oflanding is legalization, and allowing the carrier, in some cases, delivery of goodswithout the bill of landing. This legal rules caused a huge controversy in the world,has also sparked heated academic discussion for delivery of goods without the bill oflanding.This article mainly analyzes the causes and its influence of the delivery of goodswithout the bill of landing, and adopt the method of comparative analysis research theinheritance and innovation that the Rotterdam Rules take from the three majorinternational conventions, on this basis, it is concluded that the conditional deliveryof goods without the bill of landing of the Rotterdam Rules conforms to the currenttrend in the development of international trade and shipping, but the rules are tooidealistic, so it’s hard to get ideal effect in the practical operation. At the same time,the article make a detailed theoretical analysis for the delivery of goods without thebill of landing system of the Rotterdam Rules, summarized that where the delivery ofgoods without the bill of landing fits and conflicts with the current situation of thetrade and shipping of our country, then discusses the problems combined with therules of our country about delivery of goods without the bill of landing system, finallyproposes the improvement for delivery of goods without the bill of landing of our country in the legislation.Besides preface and conclusion, this paper mainly divided into four chapters:The first chapter mainly defines the phenomenon of the delivery of goods withoutthe bill of landing, analyzes the formation causes of the delivery of goods without thebill of landing and its effects on the international shipping, and then dissects theproblems of the delivery of goods without the bill of landing in theory and practicewhich exist in our country.The second chapter analyzes the background, process, the position and the terms ofthe content of the Rotterdam Rules, combs the influences that the delivery of goodswithout the bill of landing puts on international trade, and expounds whatopportunities and challenges the rules of the Rotterdam Rules will take.The third chapter makes a study about the delivery of goods without the bill oflanding between Rotterdam Rules and other international conventions. On thefoundation of the contrastive study for the delivery of goods without the bill oflanding in the Rotterdam Rules, the traditional international conventions and thedomestic law of main country, probes what the delivery of goods without the bill oflanding system in the Rotterdam Rules sublates the relevant provisions in traditionalrues and what revelation our country take from the new rules.The fourth chapter stands on the position and attitude what our country look uponthe Rotterdam Rules, discusses how to perfect our country’s relevant laws andregulations for delivery of goods without the bill of landing. This article propositionsthat clarifying the concept of delivery of goods without the bill of landing andimproving our system of electronic bill of lading must be simultaneously, meanwhileour country should limited introducing the party autonomy principle, clearing thecause that the carrier exonerate from delivery of goods without the bill of landing andthe compensation scope and the limitation of liability of the carrier, putting forwardthe related recommendations for the possible coming "Rotterdam era".