The Study Of Carriers' Responsibility Of The Delivery Of Goods Without Original Bill Of Lading Under The Rotterdam Rules

Bill of lading occupies the most basic status in international trade and maritime transport,and delivery of goods with original bill of lading is also the basic principle of the tradition.But the defects of the bill of lading in shipping practice are becoming more and more obvious,so the frequent problem of delivery of goods with original bill of lading has become a stumbling block for the further development of international shipping industry.However,three traditional international conventions have not direct regulation for shipment release without collection bill of lading,the lack of legislation has given rise to the Rotterdam rules.New convention on the basis of inheritance and innovation of the past convention,allowing shipment release without collection bill of lading carrier in specific cases,which attempt to give shipment release without collection bill of lading legal practice indeed has era characteristics.It won a lot of recognition,at the same time,it also attracted a lot of controversy.The Rotterdam rules has not yet taken effect since it through,and the phenomenon of shipment release without collection bill of lading will be long-standing problems.Based on this,the paper will summarize the advantages of the Rotterdam rules on the basis of in-depth interpretation and analysis,and will point out the cause that most countries have not yet ratified to join it.Then the paper will analyze the loopholes in the system of our country's shipment release without collection bill of lading in the comparison of the new convention,looking forward to contribute meager strength in the shipment release without collection bill of lading solution and perfect the related system of China.The new system about delivery of goods without original bill of lading in The Rotterdam rules indeed provides a new solution for such problem,more importantly provides a unified rule for international ocean shipping.But its attempt to legalize delivery of goods without original bill of lading has not pass the test of practice of shipping inspection,so it may also brings some new risks.Finally,combined with China's specific national conditions,the end of this paper puts forward a view that China should reference the redeeming feature of the new convention to perfect our legislation instead of immediately join it.In addition,the paper does not stick to traditional legal thinking.It not only analyzes the cause of the delivery of goods without original bill of lading in the law and economics analysis model,but also puts forward the concrete suggestions on modification for the rules and regulations of delivery of goods without original bill of lading in an innovative way,which will be a breakthrough on the basis of forefathers'research.