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On the Effect of the Rotterdam Rules’ Provisions of Delivery of Goods without Original Transport Documents on Banks

Author: HuangQingYe
Tutor: HanLiXin
School: Dalian Maritime University
Course: Legal
Keywords: "the Rotterdam rules" provisions of delivery of goods without original transport documents banks effect suggestions
CLC: D996.19
Type: Master's thesis
Year: 2011
Downloads: 119
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Abstract

The provisions of delivery of goods without original transport documents regard to "the Rotterdam Rules" are a sense of exploration and affirmation to the shipping practice. However, we should also see some of their possible shortcomings, such as, in some cases, they make some changes to "document of title" function of the transport document, which may cause some new problems in practice.Scholars mostly have a negative attitude to this change. The author to some extent agrees with the scholars’concerns and the author thinks that the provisions of delivery of goods without original transport documents regard to "the Rotterdam Rules" may bring some certain effect on banks, which are divided into both positive and negative aspects:the positive side is that the provisions are helpful to unify the applicable standards for the transport documents in the world, and to conduct international banking business; and the negative effects are mostly in documentary credit and trade finance business, which are not all the substantive impacts, and only in the case that the "document of title" function of the transport documents are needed, it will cause some certain effect. However, because banks in practice play a variety of roles, and not all banks need the function for the same. Overall it is not as serious as some scholars have described. In addition, the author also makes some suggestions to reduce the negative impacts of provisions of delivery of goods without original transport documents regard to "the Rotterdam Rules" on banks.This paper mainly contains three parts as follows:The first part mainly includes two sub-parts:the provisions of delivery of goods without original transport documents regard to "the Rotterdam Rules" and the transport documents. The provisions of delivery of goods without original transport documents regard to "the Rotterdam Rules" mainly contains Articles 45,46 and 47 of the "the Rotterdam Rules". And in the second sub-part the author mainly introduces the conception, functions and sorts of the transport documents, and then makes comparisons among the transport documents, traditional bill of lading and sea waybill.The second part mainly describes the effect of the provisions of delivery of goods without original transport documents regard to "the Rotterdam Rules" on the banks. And the author analyzes the effect in details from the angles of Credit of Banks, Documentary Credit Settlement and Export Bill Purchase. In the third part, the author gives some advice against the above effect. And this part mainly contains three suggestions, firstly, banks must have a good customer credit review; secondly, banks should organize the staff to study "the Rotterdam Rules", and thirdly, banks shall take appropriate measures to reduce the business risk.

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