Research On Delivery Of Goods Without Documents In Rotterdam Rules

In the traditional bill of landing(B/L), delivering cargo with documents should be seen as necessary. With development of society and economic, the situation that delivering cargo without B/L becomes far more common. Compared with other rules which disallow delivering cargo without B/L, the Rotterdam Rules has its own advantage because it prescribes in some cases that Non-negotiable transport document, delivering cargo without B/L could be allowed. The Rotterdam Rules changes traditional system of B/L and affects the practice deeply.Compared with the Rotterdam Rules, the china maritime code(CMC) doesn t recognize the legal status of electronic bill of landing. At the same time, CMC has the following problems:1 The rules of straight bill of lading isn t comprehensive. 2 The conditions of legitimacy of delivering without B/L is limited. 3 The scope of The principle of Parties' Autonomy is to narrow. 4 The compensation range and responsibility of carrier are imperfect.In order to improve environment of international trade and shipping of our country,the author makes the following proposals by referring to the Rotterdam Rules and relevant countermeasures:1 Introducing new concepts of the Rotterdam Rules to perfect the rules of electronic bill of landing of our country. 2 Defining exemptions of carrier by introducing party autonomy principle. 3 To definite the range of the compensation and responsibility of carrier who delivery cargo without B/L.