Study On Legal Problems Of Bill Of Lading Issued Under Charterparty

Since China's accession to WTO, the economy entered a stage of rapid development, the foreign trade became more frequent, the world shipping market were booming. However, a 2008 global financial crisis had a great negative impact on China's import and export business, and even the shipping industry. In such a variable economic environment, both trade and transport side became more cautious to select the relevant terms of their contracts, in order to reduce risk and maximize profit. Originally, there were more complex legal relationships when issuing the bills of lading under the charter party. Because of many parties involved, a lot of inevitable controversy appeared, such as the negotiations of the contract terms, the issuance of bills of lading, the incorporation clause and so on. Based on this situation, the writer read some relevant literature, wrote this paper.In this paper, the writer referred to Anglo-American case law, combined with international conventions, and put forward her own views on the interpretation and application of the existing laws. This thesis consists of four parts besides Introduction and Conclusion, the content as follow:The first chapter introduced the charter party, bills of lading and other concepts, and the especially focused on the function of bills of lading. With the transfer of bills of lading, the effectiveness of bills were different among the holders. There were also some exceptional provisions related.Chapter II is the focus of this paper, elaborated the problem of "carrier identification", which one was highly related with issuing bills of lading under the charter party. In that complex legal relationship, identifying the responsibility what directly affected the compensation of damage was particularly important. This chapter analyzed "who is the carrier, who will bear the responsibility" beteween the shipowner and the charterer.After solving the subject of identifying responsibility, then Chapterâ…¢discussed the issue of the terms'effect. The writer expounded incorporation clause, including the reasons why parties chose it, the types which we used, the conditions when we could applied it. So it was significant to explore its effectiveness.Chapter IV make legislative recommendations of China about issuing bills of lading under the charter party and concluded that the recognition and adoption to those bills need conform to some condition.