The Liability System Of Delivery Of Cargo Without Original Bill Of Lading Under The Rotterdam Rules

In the legal system of the carriage of goods by sea, delivery of cargo with presentation of the original bill of lading is the rules abide by people in the long-term, however, with the development of maritime trade and transportation; this approach leads to conflicts to some extent in theory and practice. The Rotterdam Rules attempts to build a new liability system of delivery without original bill of lading, so that part of the delivery of cargo without original bill of lading becomes conditional legalization, which may help to solve the problem has long plagued the parties of transaction. As the liability system of delivery without original bill of lading under the new framework has its advantages, there are also shortcomings. This thesis tries to analyze the pros and cons of the new system, thinking of the help that may bring to the amendment of Chinese maritime law, puts forward relevant suggestions and countermeasures.In the first place, this thesis discusses why the Rotterdam Rules establishes stipulation to the delivery of cargo without bill of lading. Firstly, introduces the basic theory of delivery of cargo without bill of lading, starting from the concept and forms, thus revealing the harm of this phenomenon. Than through introducing the current situation of legislation and practice of the liability system of delivering cargo without bill of lading, to clarify the necessity of formulating a new stipulation for this system. Then this thesis focuses on The Rotterdam Rules how to restructure the liability system on delivery of cargo without bill of lading. After that, we weigh the pros and cons of the liability system on delivery of cargo without original bills of lading under the Rotterdam Rules. The thesis analyzes its innovation and worth learning place, probes into its deficiencies, thinking about its possible negative impact to the carriage of goods by sea. At last, this thesis discusses the enlightenment that the liability system on delivery of cargo without original bills of lading under the Rotterdam Rules may bring to us, analyzes how to use it as the references for our upcoming revision of the Maritime Law, and puts forward some specific suggestions and countermeasures.This thesis uses the semantic analysis, logical analysis, comparative analysis, historical analysis, value analysis, empirical analysis and other methods. The characteristic of this thesis is to connect domestic and international law cases and regulations of delivery of cargos without original bill of lading, to evaluate and analyze from positive and negative aspects of liability system of delivery of cargo without original bill of lading in the Rotterdam Rules, to discusses how to seize the historic opportunity of the forthcoming modification of Chinese Maritime Law, to regulate the problem of delivery of cargo without original bill of lading, to adapt to the new development of international transportation law.Through analysis and study, the conclusion is that Chinese upcoming Maritime Law amendment should learn from the ability system of delivery cargo without original bills of lading in the Rotterdam Rules, but the related content needs to be adjusted and improved, in order to improve the possibilities of operating these rules, to adapt to the practice of maritime law in our country.