Rotterdam Rules’ Regulations On Carrier’s Delivering Goods Without Bill Of Lading And Its Impacts

Bill of lading is the major transport document in international maritime transport and carrier’s delivering goods with bill of lading is international maritime transport practice.However,with the development of marine technology,it is common to see cargo ships reach destination prior to bill of lading.To solve the problem,carrier often delivers goods without bill of lading,which is in conflict with carrier’s compulsory obligation of delivering goods with bill of lading.The three traditional international conventions on maritime transport fail to regulate the issue of carrier’s delivering goods without bill of lading,but if the issue is left alone,it will obstruct international maritime transport’s development.Major maritime countries and regions regulate the issue differently,and Rotterdam Rules is the first international convention on maritime transport to regulate the issue.According to Rotterdam Rules ’ regulations on carrier’s delivering goods without bill of lading,for straight bill of lading,in general if carrier ascertains consignee’s identity,it shall deliver goods without bill of lading and in some cases instructor can instruct carrier to deliver goods without bill of lading,and for blank bill of lading or order bill of lading,in general carrier shall deliver goods with bill of lading and in some cases instructor can instruct carrier to deliver goods without bill of lading.The convention allows carrier to legally deliver goods without bill of lading in some cases,which arouses extensive controversy.As the issue of carrier’s delivering goods without bill of lading will exist for a long time,it is necessary to study Rotterdam Rules ’ regulations on carrier’s delivering goods without bill of lading,and analyze regulations’ impacts on related parties.Besides,this paper compares the convention’s regulations on carrier’s delivering goods without bill of lading with our nation’s related regulations,presents our nation’s issues in existing related regulations,demonstrates our nation’s juridical practice,and gives suggestions to our nation’s regulations on the issue,so as to be beneficial to solve the issue and improve the legislation of our nation’s related law.Rotterdam Rules presents international maritime transport’s legislation direction,and proposes new solutions to regulate the issue of carrier’s delivering goods without bill of lading.Rotterdam Rules’ regulations on carrier’s delivering goods without bill of lading also have impacts on our nation’s Maritime Law’s revision,so the revision of our nation’s Maritime Law shall absorb the convention’s reasonable parts and specify obscure provisions.Finally,this paper analyzes our nation’s juridical practice with data and cases,so as to make some progress on the basis of others’ study.