Research On Risks Of The Maritime Bill Of Lading

Bill of lading is a document for international trade and shipping and plays an important role in the process of international trade from barter to documentary transaction. However, many problems arises from the practice of using B/L, including exchanging L/G clean B/L, antidated and advanced B/L as well as delivery of goods without presentation of the original B/L.In light of the situation mentioned above, this dissertation probes into the problems and recognizes the risks which relevant parties shall burden. Correspondingly, it proposes several countermeasures for improvement.Following the guideline stated above, the dissertation is mainly composed of four chapters.Chapter II is about exchanging L/G for clean B/L. Initially, on the basis of analyzing causes for exchanging L/G for clean B/L, the writer studies the Validity of L/G. Secondly, the writer discusses their respective risks that the carrier, the consignee and the shipper shall undertake. Thirdly, the writer introduces some countermeasures that shall be adopted by these three parties.Chapter III is about antidated B/L and advanced B/L. Under the framework of election of remedy in tort or in contract, this chapter introduces some countermeasures both in system establishment and in practice, especially the former can create a win-win-win situation, to prevent risks of antidated B/L and advanced B/L.Chapter IV is about delivery of goods without presentation the original B/L. Firstly, the writer studies its causes and analyzes their respective risks which the shipper, the carrier and the legal holder of B/L shall undertake. Afterwards, on the one hand the writer introduces the corresponding countermeasures that shall be adopted by the parties concerned in practice; on the other hand, the writer proposes two legislative approaches: one is about the establishment of uniform standard for L/G; the other is B/L act. Additionally, the writer brings forth the new documents such as sea waybill in order to prevent the risks of the traditional B/L.Chapter V is about the developing trend and the potential problems concerning the electronic B/L with a reference to "CMI Rules for Electronic Bill of Lading" and "Bolero". The writer points out electronic bill of lading is a new and promising document which is a certain result of the development of international trade and modern technology. Although the electronic B/L surpasses the paper B/L in safety and efficiency, there are still some defects which need to be studied for improvement. In order to prevent the potential problems of the electronic B/L, We hope that electronic bill of lading law in the uniform international convention should be made at proper time.