International Journal of Frontiers in Engineering Technology, 2020, 2(1); doi: 10.25236/IJFET.2020.020104.
Junfeng Li
Shanghai Maritime University, Shanghai 201306, China.
Corresponding author e-mail: [email protected]
Bill of Lading, as the most important document in international trade and international shipping, has the roles of cargo receipt, contract certificate, and document of title. In recent years, the Internet wave has deeply affected the changes in international shipping ecology. Based on the traditional paper Bill of Lading, the form of electronic Bill of Lading has been developed as well. The electronic Bill of Lading is based on keeping the functions of the traditional paper-Bill of Lading and is combined with digital message technology. Due to its high efficiency, environmental protection, accuracy, and security, its application scenarios are becoming more and more extensive. Meanwhile, legal issues related to the electronic Bill of Lading cover traditional maritime law and emerging electronic data laws. Because the electronic Bill of Lading is mainly used in international shipping and international trade and financing, it spans different regions in each transaction link. Considering the differences in the laws of E-commerce of the major trading countries and regions, from the perspective of private international law, it is destined that a large number of legal jurisdiction and application problems will arise in the transaction of the electronic Bill of Lading.
Electronic Bill of Lading, Private International Law , Identification, Jurisdiction, Application of law
Junfeng Li. Research on Private International Law of Electronic Bill of Lading. International Journal of Frontiers in Engineering Technology (2020), Vol. 2, Issue 1: 41-49. https://doi.org/10.25236/IJFET.2020.020104.
[1]A.N.Yiannopoulos(1995).Ocean Bill of Lading :Traditional Forms,substitutes,and EDI Systems,Kluwer Law International,p.4.
[2] See Art.2 (b) of UNCITRAL Model Law on Electronic Commerce (1996). in The EDI Law Review, vol. 3, no.4. and See Toh See Kiat (1992), Paperless International Trade: Law of Telematic Data Interchange, P.7.
[3] A. Møllmann (2016).Delivery of Goods under Bills of Lading. Taylor & Francis,p.172.
[4] I.C.P.Stone (2013). International Trade Law. Routledge,p.189.
[5] S.Y.Li and P.N.Jin (2003). General Theory of Private International Law in China. Law Press China,p.142.
[6] C.Chen (2004).United States and European Union Approach to Internet Jurisdiction and Their Impact on E-commerce. University of Pennsylvania Journal of International Economic Law, vol.25:1,pp.432-453.
[7] Y.Z.Si and L.X.Han (2009). Rotterdam Rules Research. Dalian Maritime University Press, pp. 86-92.