Title

Who is at risk? : Is a carrier under a straight bill of lading entitled to deliver goods to the named consignee without presentation of the original bill of lading?

Publisher

University of British Columbia

Date Issued

2009

Document Type

Thesis

Degree

Master of Laws - LLM

Program

Law

Description

The bill of lading is the single most important legal document in the carriage of goods by sea, and hence in the international trading system as a whole. However, legislation and judicial opinion around the world on the issue of whether or not a carrier, under a straight bill of lading, is entitled to deliver goods to the named consignee without the presentation of the original bill is quite diverse. It is generally accepted that a bill of lading performs three functions. It is a receipt for goods, evidence of a contract of carriage, and a document of title. There is much discussion and many arguments as to whether straight bills of lading should be documents of title in international trade and transportation. Focusing on China, this study explains the problems concerning the carriage of goods by sea without straight bills of lading. It examines international approaches by presenting legislation and cases from several representative shipping countries and districts including the United States, the United Kingdom, Canada, Hong Kong, and Singapore, as well as China (including some cases in which the author acted for one of the parties). It goes on to identify the basic principles on delivery issues for Chinese legislation. Finally, this study explores approaches relating to the resolution of the issues pertaining to delivery of goods without bills of lading, and offers suggestions for improving Chinese legislation.

Date Available

2009-11-26

Rights

For non-commercial purposes only, such as research, private study and education. Additional conditions apply, see Terms of Use https://open.library.ubc.ca/terms_of_use.

DOI

10.14288/1.0077592

Affiliation

Law, Peter A. Allard School of

ID

1.0077592

Share

COinS