Research On Legal Issues Related To The Circulation Of Electronic Bills Of Lading

In the modern-day context,the world has become a global village,where steady and effective operating systems of international commercial transaction proceedings have mostly been established.Over the last few decades,however,information technology has thrived in an unexpected speed,throwing tremendous challenges on the conventional trade mechanisms,which include the electronic bill of lading.Evan though the electronic bill of lading has already been chosen in the carriage of goods by sea,the laws and regulations of the shipping industry failed to catch on,and were not ready to embrace the new type of bill of lading practice.This dissertation,consist of five chapters,means to research on the legal issues of the electronic bill of lading negotiability.Firstly,there is an outline of the electronic bill of lading,which summarizes the definitions,legal functions,development tendencies and negotiability theory of both traditional paper bill of lading and electronic bill of lading.The next section discusses two parts of the electronic bill of lading negotiability: commercial practice and international laws and regulations.This section introduces four typical mechanisms in commercial practice: SeaDocs,CIM,Bolero,and essDOCS,meanwhile demonstrates some international laws and regulations regarding electronic bill of lading.Then the text sets forth to the discussion of legal risks during the negotiability of electronic bill of lading,which covers two aspects: the security certification and the evidence effectiveness.Last but not least is about the electronic bill of lading negotiability in China.After a short introduction of the current situation and deficiency of the legal system in the field of negotiability of electronic bill of lading,follows my own consideration and suggestion with respect to the improvement of the legal system concerning electronic bill of lading mechanisms in China.The electronic bill of lading serves an invaluable function within international trade,so to improve and unify certain legal system should be the first mission for the related parties in international community.China also needs to adapt to the implementing of electronic bill of lading,intensify the amendment and complementary of such internal laws and regulations,take the precious opportunity brought by the transitional period,and become the driver and beneficiary of the electronic bill of lading negotiability.