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International carriage of goods by sea : problems in bills of lading and their impact in Australia and its major trading partners in Asia

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Euarjai, Krailerk (1999) International carriage of goods by sea : problems in bills of lading and their impact in Australia and its major trading partners in Asia. Unspecified thesis, University of Tasmania.

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Abstract

This thesis examines problems of bills of lading in international carriage of
goods by sea. The objectives of the thesis are twofold. The primary
objective is the identification of major legal problems associated with bills
of lading. The second objective is to evaluate the adequacy of bills of lading
legislation in protecting the legitimate rights and interest of the parties.
Legal problems confronting bills of lading legislation are 'title to sue' and
'third party liability' which cause difficulties and obstades to the legal
function of bills of lading. Another problem in bills of lading concern
marine cargo liability regimes. Under existing international law there is no
uniformity in marine cargo liability regimes which results in a conflict of
laws. Notwithstanding the entry into force of the United Nations
Convention on the Carriage of Goods by Sea, the Hamburg Rules, in 1992,
there is evidence that the Rules are not accepted by major shipping
nations. Moreover, recent developments concerning electronic bills of
lading play a vital part. The thesis seeks to emphasise the problems which exist as a result of the
inconsistencies between law and practice in this area. Attention is also
drawn to the use of Electronic Data Interchange (EDT) as electronic bills of
lading together with its legal aspects. The thesis argues that the entry into
force of the Hamburg Rules, as a whole, did not provide significant
changes in international carriage of goods by sea even though some
countries, such as the People's Republic of China, had developed some
concepts of the Rules. This argument is based on a number of factors
including the principle of marine cargo liability, the current position of
major shipping nations, and empirical evidence of the impact of the
adoption of the Rules.
The conclusion of the thesis is that bills of lading legislative reform can
eliminate major legal problem and sufficient enough to facilitate the use
of electronic bills of lading. With regard to Australia, the Australian
marine cargo liability regime have been improved to promote better
balance of rights and liabilities between parties to a contract of carriage, and
it becomes more compatible with those regimes of its trading partners.

Item Type: Thesis (Unspecified)
Keywords: Bills of lading
Copyright Holders: The Author
Additional Information:

Thesis (LL.M)--University of Tasmania, 1999. Includes bibliographical references

Date Deposited: 09 Dec 2014 00:05
Last Modified: 11 Mar 2016 05:54
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