Research on the Legal Nature of Bill of Lading (BOL) in International Cargo Transportation

Chen Jiandong; Jiang Zhengxiong; Wang Deling; Yang Chaoyang

doi:doi:10.11648/j.ijls.20220501.19

| Peer-Reviewed

Research on the Legal Nature of Bill of Lading (BOL) in International Cargo Transportation

Chen Jiandong, Jiang Zhengxiong, Wang Deling, Yang Chaoyang

Published in International Journal of Law and Society (Volume 5, Issue 1)

Received: 29 December 2021 Accepted: 25 January 2022 Published: 9 February 2022

Views: Downloads:

Download PDF

Share This Article

Twitter
Linked In
Facebook

Abstract

The Hague Rules, Hamburg Rules, Maritime Laws of the People’s Republic of China, Uniform Transportation Laws and The United States Freight Act of 1999 have similar but different provisions on the nature of bill of lading. The Hague Rules use covered to stipulate that the bill of lading is the proof of carriage contract, while covered also means including. The Hamburg Rules and Maritime Laws of the People’s Republic of China use evidence to stipulate that the bill of lading is the proof of carriage contract, while the United States Freight Act 1999 considers the bill of lading as the carriage contract directly. For this problem that the nature of the bill of lading is proof of the carriage contract or the carrier of the carriage contract, this paper adopts the methods of literature research and comparative study, starting from the relevant legal provisions of bill of lading, progressively analyze the legal nature of bill of lading and draw a conclusion from the perspective of the conclusion of carriage contract, the relationship between bill of lading and carrier of carriage contract and carrier of carriage contract three dimensions. That is, the bill of lading is not the carriage contract and the rights and obligations of both parties are subject to the carriage contract in the non-public carrier contract of human transport. In the public carrier contract of human transport, the bill of lading is the carrier of the carriage contract in some cases, but only the proof of the carriage contract iLn some cases.

Published in	International Journal of Law and Society (Volume 5, Issue 1)
DOI	10.11648/j.ijls.20220501.19
Page(s)	73-81
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2022. Published by Science Publishing Group

Keywords

Bill of Landing, International Cargo Transportation, Maritime Law

References

[1]	Dong Luyu, "On the Legal Nature of Marine Bills of Lading from the Perspective of Historical Development", Journal of Southeast University (Philosophy and Social Science), Jun. 2021 Vol. 23 Supplement.
[2]	Hu Meifen, Wang Yiyuan, Ocean Transportation Business, China Communications Press, P22, (2007).
[3]	Hu Meifen, Wang Yiyuan, Ocean Transportation Business, China Communications Press, P23, (2007).
[4]	Yao Hongxiu, Li Feng, "Discussion on some Issues on the conclusion and effectiveness of Maritime Contracts and Charter Contracts under the new Contract Law", Annual Journal of Maritime Law of the People’s Republic of China, 1st issue, 1999.
[5]	Huang Yongfu, Operation Skills of Bill of Lading in International Maritime Logistics, Logistics Engineering and Management, 2019, 41 (06).
[6]	He Lixin, Liang Jiacheng, Research Report on Judicial Application of Maritime Law in the Past 25 Years, Annual Journal of Maritime Law of the People’s Republic of China, 2018, 29 (02).
[7]	Tang Shuyuan, "Improvement of calculation rules for damages of carriage contract of goods by sea in China under the background of amendment of maritime law &gt", Shipping Management, 2020, 42 (12).
[8]	Provisions on Several Issues concerning the Application of Law to The Trial of Cases of Goods Delivered without Original Bill of Lading (Law Interpretation [2009] No. 1, effective from March 5, 2009).
[9]	Chen Bizhen, Research on Legal Issues of Deck Transportation, Strait Science, 2007, (04).
[10]	Wang Peng, Brief Introduction of the 99 Draft Law of the United States on the Carriage of Goods by Sea, Containerization 1999, (10).
[11]	Hou Jiajie, "Performance Party System of the Unified Law on International Cargo Transport (Draft) -- The Golden Key to Open the Door to the Unification of International Cargo Transport Legislation", Shipping Management, 2008, 30 (11).
[12]	Jiang Zhengxiong, Introduction to Ten Legal Issues of Container Transportation, Containerization, 2003, (01).
[13]	Huang Yanyun, Research on Risk Analysis and Control Measures of Ocean Bills of Lading, China Storage & Transportation, 2018, (03).
[14]	Si Yuzhuo, Maritime Law, Law Press•China, 2018, 4th edition, P65.
[15]	http://news.csi.com.cn/20070928143608.html.
[16]	Lin Yuanming, Rediscussion on carriage contract of Goods by Sea -- Comments on amendment of Maritime Law, Chinese Journal of Maritime Law, 2020 (8).

Cite This Article

Plain Text BibTeX RIS

APA Style

Chen Jiandong, Jiang Zhengxiong, Wang Deling, Yang Chaoyang. (2022). Research on the Legal Nature of Bill of Lading (BOL) in International Cargo Transportation. International Journal of Law and Society, 5(1), 73-81. https://doi.org/10.11648/j.ijls.20220501.19

Copy | Download

ACS Style

Chen Jiandong; Jiang Zhengxiong; Wang Deling; Yang Chaoyang. Research on the Legal Nature of Bill of Lading (BOL) in International Cargo Transportation. Int. J. Law Soc. 2022, 5(1), 73-81. doi: 10.11648/j.ijls.20220501.19

Copy | Download

AMA Style

Chen Jiandong, Jiang Zhengxiong, Wang Deling, Yang Chaoyang. Research on the Legal Nature of Bill of Lading (BOL) in International Cargo Transportation. Int J Law Soc. 2022;5(1):73-81. doi: 10.11648/j.ijls.20220501.19

Copy | Download

@article{10.11648/j.ijls.20220501.19,
  author = {Chen Jiandong and Jiang Zhengxiong and Wang Deling and Yang Chaoyang},
  title = {Research on the Legal Nature of Bill of Lading (BOL) in International Cargo Transportation},
  journal = {International Journal of Law and Society},
  volume = {5},
  number = {1},
  pages = {73-81},
  doi = {10.11648/j.ijls.20220501.19},
  url = {https://doi.org/10.11648/j.ijls.20220501.19},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20220501.19},
  abstract = {The Hague Rules, Hamburg Rules, Maritime Laws of the People’s Republic of China, Uniform Transportation Laws and The United States Freight Act of 1999 have similar but different provisions on the nature of bill of lading. The Hague Rules use covered to stipulate that the bill of lading is the proof of carriage contract, while covered also means including. The Hamburg Rules and Maritime Laws of the People’s Republic of China use evidence to stipulate that the bill of lading is the proof of carriage contract, while the United States Freight Act 1999 considers the bill of lading as the carriage contract directly. For this problem that the nature of the bill of lading is proof of the carriage contract or the carrier of the carriage contract, this paper adopts the methods of literature research and comparative study, starting from the relevant legal provisions of bill of lading, progressively analyze the legal nature of bill of lading and draw a conclusion from the perspective of the conclusion of carriage contract, the relationship between bill of lading and carrier of carriage contract and carrier of carriage contract three dimensions. That is, the bill of lading is not the carriage contract and the rights and obligations of both parties are subject to the carriage contract in the non-public carrier contract of human transport. In the public carrier contract of human transport, the bill of lading is the carrier of the carriage contract in some cases, but only the proof of the carriage contract iLn some cases.},
 year = {2022}
}

Copy | Download

TY  - JOUR
T1  - Research on the Legal Nature of Bill of Lading (BOL) in International Cargo Transportation
AU  - Chen Jiandong
AU  - Jiang Zhengxiong
AU  - Wang Deling
AU  - Yang Chaoyang
Y1  - 2022/02/09
PY  - 2022
N1  - https://doi.org/10.11648/j.ijls.20220501.19
DO  - 10.11648/j.ijls.20220501.19
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 73
EP  - 81
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20220501.19
AB  - The Hague Rules, Hamburg Rules, Maritime Laws of the People’s Republic of China, Uniform Transportation Laws and The United States Freight Act of 1999 have similar but different provisions on the nature of bill of lading. The Hague Rules use covered to stipulate that the bill of lading is the proof of carriage contract, while covered also means including. The Hamburg Rules and Maritime Laws of the People’s Republic of China use evidence to stipulate that the bill of lading is the proof of carriage contract, while the United States Freight Act 1999 considers the bill of lading as the carriage contract directly. For this problem that the nature of the bill of lading is proof of the carriage contract or the carrier of the carriage contract, this paper adopts the methods of literature research and comparative study, starting from the relevant legal provisions of bill of lading, progressively analyze the legal nature of bill of lading and draw a conclusion from the perspective of the conclusion of carriage contract, the relationship between bill of lading and carrier of carriage contract and carrier of carriage contract three dimensions. That is, the bill of lading is not the carriage contract and the rights and obligations of both parties are subject to the carriage contract in the non-public carrier contract of human transport. In the public carrier contract of human transport, the bill of lading is the carrier of the carriage contract in some cases, but only the proof of the carriage contract iLn some cases.
VL  - 5
IS  - 1
ER  -

Copy | Download

Author Information

Chen Jiandong

Law School, Shanghai Maritime University, Shanghai, China
Jiang Zhengxiong

Law School, Shanghai Maritime University, Shanghai, China
Wang Deling

Merchant Marine College, Shanghai Maritime University, Shanghai, China
Yang Chaoyang

Law School, Shanghai Maritime University, Shanghai, China

Download PDF

Sections

Plain Text BibTeX RIS

APA Style

Chen Jiandong, Jiang Zhengxiong, Wang Deling, Yang Chaoyang. (2022). Research on the Legal Nature of Bill of Lading (BOL) in International Cargo Transportation. International Journal of Law and Society, 5(1), 73-81. https://doi.org/10.11648/j.ijls.20220501.19

Copy | Download

ACS Style

Chen Jiandong; Jiang Zhengxiong; Wang Deling; Yang Chaoyang. Research on the Legal Nature of Bill of Lading (BOL) in International Cargo Transportation. Int. J. Law Soc. 2022, 5(1), 73-81. doi: 10.11648/j.ijls.20220501.19

Copy | Download

AMA Style

Chen Jiandong, Jiang Zhengxiong, Wang Deling, Yang Chaoyang. Research on the Legal Nature of Bill of Lading (BOL) in International Cargo Transportation. Int J Law Soc. 2022;5(1):73-81. doi: 10.11648/j.ijls.20220501.19

Copy | Download

@article{10.11648/j.ijls.20220501.19,
  author = {Chen Jiandong and Jiang Zhengxiong and Wang Deling and Yang Chaoyang},
  title = {Research on the Legal Nature of Bill of Lading (BOL) in International Cargo Transportation},
  journal = {International Journal of Law and Society},
  volume = {5},
  number = {1},
  pages = {73-81},
  doi = {10.11648/j.ijls.20220501.19},
  url = {https://doi.org/10.11648/j.ijls.20220501.19},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20220501.19},
  abstract = {The Hague Rules, Hamburg Rules, Maritime Laws of the People’s Republic of China, Uniform Transportation Laws and The United States Freight Act of 1999 have similar but different provisions on the nature of bill of lading. The Hague Rules use covered to stipulate that the bill of lading is the proof of carriage contract, while covered also means including. The Hamburg Rules and Maritime Laws of the People’s Republic of China use evidence to stipulate that the bill of lading is the proof of carriage contract, while the United States Freight Act 1999 considers the bill of lading as the carriage contract directly. For this problem that the nature of the bill of lading is proof of the carriage contract or the carrier of the carriage contract, this paper adopts the methods of literature research and comparative study, starting from the relevant legal provisions of bill of lading, progressively analyze the legal nature of bill of lading and draw a conclusion from the perspective of the conclusion of carriage contract, the relationship between bill of lading and carrier of carriage contract and carrier of carriage contract three dimensions. That is, the bill of lading is not the carriage contract and the rights and obligations of both parties are subject to the carriage contract in the non-public carrier contract of human transport. In the public carrier contract of human transport, the bill of lading is the carrier of the carriage contract in some cases, but only the proof of the carriage contract iLn some cases.},
 year = {2022}
}

Copy | Download

TY  - JOUR
T1  - Research on the Legal Nature of Bill of Lading (BOL) in International Cargo Transportation
AU  - Chen Jiandong
AU  - Jiang Zhengxiong
AU  - Wang Deling
AU  - Yang Chaoyang
Y1  - 2022/02/09
PY  - 2022
N1  - https://doi.org/10.11648/j.ijls.20220501.19
DO  - 10.11648/j.ijls.20220501.19
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 73
EP  - 81
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20220501.19
AB  - The Hague Rules, Hamburg Rules, Maritime Laws of the People’s Republic of China, Uniform Transportation Laws and The United States Freight Act of 1999 have similar but different provisions on the nature of bill of lading. The Hague Rules use covered to stipulate that the bill of lading is the proof of carriage contract, while covered also means including. The Hamburg Rules and Maritime Laws of the People’s Republic of China use evidence to stipulate that the bill of lading is the proof of carriage contract, while the United States Freight Act 1999 considers the bill of lading as the carriage contract directly. For this problem that the nature of the bill of lading is proof of the carriage contract or the carrier of the carriage contract, this paper adopts the methods of literature research and comparative study, starting from the relevant legal provisions of bill of lading, progressively analyze the legal nature of bill of lading and draw a conclusion from the perspective of the conclusion of carriage contract, the relationship between bill of lading and carrier of carriage contract and carrier of carriage contract three dimensions. That is, the bill of lading is not the carriage contract and the rights and obligations of both parties are subject to the carriage contract in the non-public carrier contract of human transport. In the public carrier contract of human transport, the bill of lading is the carrier of the carriage contract in some cases, but only the proof of the carriage contract iLn some cases.
VL  - 5
IS  - 1
ER  -

Copy | Download