Coexistence mode of electronic and traditional paper bills of lading to regulate goods delivery without bill of lading in China

Delivery of goods without bill of lading is a very difficult problem in maritime law field. It can not only shake the foundation of the bill of lading system, but also affect the function of bill of lading. Some scholars have theoretically put their discussion emphasis on the transport document innovation, and tried to regulate delivery of goods without bill of lading by the adoption of sea waybill and introducing electronic bills of lading. Paper bill of lading, sea waybill and electronic bill of lading have different effect on regulation delivery of goods without bill of lading, which are mainly reflected in five aspects, that is, security, transfer speed, economy, legal support and scope. To regulate delivery of goods without bill of lading, three transport documents are quantitatively analyzed, and achieved the superior or inferior rank by the construction of judgment matrix in analytic hierarchy process. The final conclusion of the study can guide legislators to choose the best mode to legally regulate delivery of goods without bill of lading. China should adopt coexistence mode of traditional paper bill of lading and electronic bill of lading in order to regulate goods delivery without bill of lading

Digitalization of Maritime Transport Documents : a study of the interplay of public rules and private norms amid social changes

The digitalization of maritime transport documents has became the chokepoint of promoting the automation level of the shipping industry. The lack of stable expectation is, among other things, the main reason that preventing international seaborne trade participants to apply digitalization solution. A harmonized legal framework worldwide would be the first step towards achieving stable expectation of applying electronic maritime transport documents. By employing the doctrinal method and the functional method of comparative law, the book draws a landscape of electronic law today and examined the effect of public international legislation. The empirical study suggests that actors across branches have developed workable standards towards the use of electronic documents by introducing compatible bylaws. The interactions between these private actors and their bylaws provide a possibility to achieve legal unification and self-evolvement of law on the global sphere. Deducting from the empirical results, the book proposes a private regulatory system as an alternative for achieving legal unification for the digitalization of maritime transport documents

Digitalization of Maritime Transport Documents : a study of the interplay of public rules and private norms amid social changes

The digitalization of maritime transport documents has became the chokepoint of promoting the automation level of the shipping industry. The lack of stable expectation is, among other things, the main reason that preventing international seaborne trade participants to apply digitalization solution. A harmonized legal framework worldwide would be the first step towards achieving stable expectation of applying electronic maritime transport documents. By employing the doctrinal method and the functional method of comparative law, the book draws a landscape of electronic law today and examined the effect of public international legislation. The empirical study suggests that actors across branches have developed workable standards towards the use of electronic documents by introducing compatible bylaws. The interactions between these private actors and their bylaws provide a possibility to achieve legal unification and self-evolvement of law on the global sphere. Deducting from the empirical results, the book proposes a private regulatory system as an alternative for achieving legal unification for the digitalization of maritime transport documents

A Boxful of Rules

Have you wondered what happens when things go wrong during the transport, such as when a shipment of televisions is received in damaged condition, a container of cigarettes is stolen, or, an important shipment of prawns is received a week too late for the local market? Well, this is what this book is all about! In the modern global economy, finished and semi-finished products are transported in large volumes across the globe. Things do go wrong during such transport; then what recourse does the cargo owner have? How much loss will be made good by the insurers and under which convention? Where to sue? How much is the carrier liable for? With multiple modes of transport and different carriers, the questions of liability become very complex to determine. This translates into increased insurance and litigation costs, estimated at 500 million Euro per year in Europe alone.https://commons.wmu.se/lib_books/1002/thumbnail.jp

Multimodal Transport Law: The law applicable to the multimodal contract for the carriage of goods

Published in the series 'Aviation Law & Policy'. We only have to look around us on the road while we travel to work or home, or to use our eyes at a railway station to know that the transport of goods takes up a lot of the room our modern day infrastructures provide. Sometimes perhaps a little too much; nowadays congestion seems to be the rule rather than the exception. This is an uncomfortable side effect of the explosive growth freight transport has experienced the last few decades1. Modern day transport offers a considerable array of possibilities; possibilities that are – for the most part – taken for granted by the general public that enjoys their benefits. The average European would not be surprised to learn that the fruit on offer in the local supermarket originates from another continent for instance. The idea that most of the things we use in our daily routine stem from a distant source, such as a cell phone from Japan, a trendy pair of designer jeans made in China or a glass of Australian wine, seems completely natural to us. Clearly the contemporary transport industry offers us a lot of benefits besides such discomforts as congestion and pollution. In earlier times, before machinery such as the steam engine had been invented it was hardly cost effective – or even feasible when it came to perishables – to carry goods halfway around the world if they were not at least valuable and extraordinary2. The limitations set on trade by the transport structures available did more however than simply curtail the range of affordable products on offer for the public. They also had a negative effect on the location of the industry, limited transport possibilities and forced production to take place near or in heavily populated areas to secure the necessary workforce and market possibilities. After all, industrial decentralisation is only feasible if there is an infrastructure capable of supporting a cost effective movement of goods and employees3. The transport possibilities our contemporary society offers make decentralisation feasible. Today’s commercial actors use sophisticated systems weighing relevant factors such as storage costs, the placement of production facilities and transportation expenses against each other in order to generate the highest possible profits

Freedom of contract, bargaining power & forum selection in bills of lading

The ability of the parties to conclude binding agreements, and to determine the contents of these agreements, is at the very core of our market system. They are the consequence of our liberal understanding of personhood, placing individuality and autonomy as essential elements of our personality.Despite the importance of these concepts, however, the content of freedom of contract has experienced significant changes throughout the years, as more and more limitations are imposed upon it. This new understanding rests on the idea that not all parties are the same, and that there are certain matters that should not be modified by mere agreement.Our work focuses on the relation that freedom of contract (and its limitations) has with forum selection clauses, as well as whether they can be seen as abusive terms. In order to conduct this analysis, we use the case of maritime carriage contracts under bills of lading, reviewing the regulations that affect the trade, and whether changes need to be made to accommodate our new understanding

Opportunities and Challenges of DLT (Blockchain) in Mobility and Logistics

This report presents the economic potential, legal framework, and technical foundations required to understand distributed ledger (DL) / blockchain technology and llustrates the opportunities and challenges they present, especially in the mobility and logistics sectors. It was compiled by the blockchain laboratory at Fraunhofer FIT on behalf of the German Federal Ministry of Transport and Digital Infrastructure (BMVI). Its intended audience comprises young companies seeking, for example, a legal assessment of data protection issues related to DL and blockchain technologies, decisionmakers in the private sector wishing concrete examples to help them understand how this technology can impact existing and emerging markets and which measures might be sensible from a business perspective, public policymakers and politicians wishing to familiarize themselves with this topic in order to take a position, particularly in the mobility and logistics sectors, and members of the general public interested in the technology and its potential. The report does not specifically address those with a purely academic or scientific interest in these topics, although parts of it definitely reflect the current state of academic discussion

Multimodal carrier liability in the U.S. and Canada : towards uniformity of applicable rules?

"Thèse présentée à la Faculté des études supérieures en vue de l'obtention du grade de Docteur en Droit (LL.D.) et à la Faculté de Droit et de Sciences Politiques de l'Université de Nantes en vue de l'obtention du grade de Docteur"From its inception, intermodal transport of goods has served trade, shippers and carriers, radically increasing transactions of goods worldwide. Multimodal carrier liability rules, however, have not evolved with the same rhythm and remain fragmented cross-modally and cross-country. This is also the case of the U.S. and Canada. The need to seek uniformity of applicable rules in these two countries led us to the comparative analysis of unimodal (landocean) rules in these two countries. Guided by past failed initiatives (1980 United Nations Convention on International Multimodal Transport), the European intermodal reality, transport deregulation, pragmatism, fairness in the relation between the carrier and the shipper and Law & Economics principles, we used harmonization, codification and contractualism in advancing our suggestions on uniform multimodal carrier liability rules.Dès sa naissance, Ie transport intermodal a servi le commerce, les chargeurs et les transporteurs, augmentant de façon importante le transport des marchandises au niveau mondial. Pourtant, les règles de responsabilité du transporteur multimodal n'ont pas evolué au meme rythme et restent fragmentées à travers les modes et les pays. C'est aussi Ie cas des États-Unis et du Canada. Le besoin de chercher l'uniformité des règles applicables nous a conduit à l'étude comparée des règles unimodales (terrestres-maritimes) dans ces deux pays. Guidés par l'échec des initiatives passées (Convention de Nations Unies sur Ie Transport Multimodal International des Marchandises, 1980), la réalité intermodale europeenne, la déréglementation du transport, Ie pragmatisme, la justice dans Ie rapport entre le transporteur et le chargeur et l'analyse économique de droit, nous avons utilisé l'harmonisation, la codification et le contractualisme en vue d'avancer nos suggestions sur des règles de responsabilité uniformes du transporteur multimodal