Trade Law Essay

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Part 1: Critically assess the argument that electronic bills of lading are better and more effective than paper bills of lading. This essay will answer the first part of the question by at first introducing bills of lading, their history and features and then explain what electronic bills of lading are. Bills of lading originated as a result of Mediterranean trading during the 11th or 12th century AD when records of the goods loaded (where the word ‘lading’ comes from) on to ships over long distances were kept. During the early part of the 20th century rules were drawn up by the International Law Association called the Hague Rules that aimed at regulating the obligations and the liabilities of those carrying the goods by sea. A bill of lading documents the type, destination and quantity of the good being transported and also serves as a receipt of shipment when the goods reach their destination. Being a legal document between the carrier and the shipper, which must be signed by both and also signed by the recipient, a bill of lading can be treated as evidence under many different laws as it is a document of title. Due to it being a document of title the shipment will be incomplete without the documentation; therefore it cannot be passed on to the correct party when the goods are presented at the port of destination stipulated in the ocean bill of lading. Bills of lading are usually made in three original pieces or parts which are sent off to the consignee by mail, another is sent off to with the goods and the last is retained by the shipper. Sometimes the master of the ship retains a copy for their own personal reference. An example copy of a bill of lading may be seen in appendix one, at the end of this essay. Two ex... ... middle of paper ... ...hnology Law, 17(2), 125-149. Livermore, J. (2006). Electronic bills of lading. Journal of Maritime Law and Commerce, 28(1), 455-59. Nilson, k. (1995). Electronic bills of lading — planning for areas of risk. Journal of Financial Crime, 2(4), 311-316. Scrutton, T. E. (2009). Charterparties and Bills of Lading. London: BiblioBazaar. UNCTAD. (2004). UNCTAD Survey Reveals Why Paper B/Ls Still Rule. Managing Exports, 2004(8), 1-14. Wang, F. F. (2010). Law of Electronic Commercial Transactions: Contemporary Issues in the EU, US and China (Routledge Research in Information Technology and E-commerce Law). Routledge. Yiannopoulos, A. (1995). Ocean Bills of Lading: Traditional Forms, Substitutes, and EDI Systems. The Hague: Kluwer law International. Zekos, G. I. (1999). EDI and the contractual role of computerised (electronic) bills of lading. Managerial Law, 41, 1-34.

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