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

Posted on:2017-12-09Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q ZhongFull Text:PDF
GTID:2336330536451320Subject:Law
Abstract/Summary:PDF Full Text Request
Bill of lading played an important role in the international carriage of goods by sea.Delivering goods with original bill of lading is an international principle,however,with the development of maritime transport technology,the circulation of original bill of lading could not keep pace with the speed of the transport of goods.In order to meet the demand of the practice,the parties make the phenomenon(delivery of goods without original bill of lading)more serious to improve transaction efficiency and reduce transaction costs.This problem not only disturbs maritime transport order,but also shaken the foundation of the traditional bill of lading.Currently,the Chinese Maritime Law and judicial interpretation cannot adapt to the modern carriage of goods by sea.The Rotterdam Rules(United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea)admitted the legitimacy of delivery of goods without original bill of lading aimed at addressing this problem through new legal regime of international transport of goods.Although Rotterdam roles exists controversy,the solutions of the problem have significant experiences for amendments to Chinese Maritime Law.There are four chapters in this paper,besides introduction and conclusion.Chapter 1: Introduced causes and harms of delivery of goods without original bill of lading,legal qualitative differences and the common form of delivery of goods without original bill of lading.Chapter 2: Compared the three former international conventions with the Rotterdam rules for delivery of goods without original bill of lading of the provisions of the problem.Based on the deep analysis on the delivery of goods without original bill of lading in the “Rotterdam Rules”,the paper makes evaluation from both advantages and disadvantages.Chapter 3:Firstly emphatically analyzed Chinese Maritime Law and Judicial Interpretation of the provisions of delivery of goods without original bill of lading.Then pointed out the flaws of the current system in China and why the flaws exist.Lastly compared Chinese legal regulation with the Rotterdam Rules about delivery of goods without original bill of lading.Chapter 4: On the basis of the comprehensive above,the author suggested that the innovation of the Rotterdam Rules shall be critically absorbing and using for reference?This article propositions that clarifying the new concept of Rotterdam Rules and the legal qualitative differences about delivery of goods without original bill of lading,improving our system of electronic bill of lading and the legal system of the right of control of goods by sea,meanwhile our country should limited introducing the party autonomy principle.They are benefit for amendments to Chinese Maritime Law.
Keywords/Search Tags:The Rotterdam Rules, Delivery of Goods without Original Bill of Lading, Bill
PDF Full Text Request
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