• 통상정보연구
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• 제7권1호
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• pp.171-194
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• 2005

The CMI Rules for Electronic Bills of Lading were drafted by the Comite Maritime International(CMI) and related specifically to EDI transfers of negotiable bills of lading. The CMI Rules are contractual in nature and the application of the CMI Rules is strictly voluntary. The method adopted in the CMI Rules to enable negotiation of the rights to cargo in a controlled method is based on the introduction of the ‘Private Key’. The Bolero service will be governed by a multilateral contract called the Bolero Rule Book which specifies the rights and responsibilities of Bolero and its users. The Title Registry and Bolero Bill of Lading provide a fully functional equivalent to the paper bill of lading. The Bolero Bill of Lading can be created, transferred, amended, and surrendered by way of designating to order party, blank endorsement, refusal by the transferee etc. In Japan, through TEDI Project, the RSP Model is introduced as e-trade solution like Bolero's Solution. The RSP Model Solution will be furnished through TC(Trade Chain) Server and RSP(Repository Service Provider) Server. The purpose of this paper is to analyze comparatively the CMI Rules and Bolero Bill of Lading and RSP Model of TEDI and to find the implications in this case study for quick introduction of electronic Bill of Lading.

• 무역상무연구
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• 제54권
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• pp.235-260
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• 2012

The CMI Rules for Electronic Bills of Lading were based on sound principles that are now reflected in the provisions of the Rotterdam Rules, which provide for the use of electronic equivalents to bills of lading. Services involving bills of lading which exist in electronic form for at least part of their lives, and which use encryption to guarantee integrity and security of these electronic records, are already being offered by a number of carriers, among them APL. The relative success of APL's system demonstrates that the use of a system which embodies the basic ideas and processes underlying the CMI Rules could easily become a practical reality in the near future. The basic principles in the CMI Rules and the Rotterdam Rules adopt a minimum requirements approach and does not flesh out the details of procedures for the use of electronic bills. This is an improvement, as it allows adaptability to future technological developments. Successful electronic bill of lading systems can only be developed in response to customer demand, and carriers are in the best position to gauge this and design systems to cater for it. APL has demonstrated this by creating a system which is tailor-made to its customers' requirements. The CMI Rules were correct in their assumption that electronic bill of lading services should be provided by carriers. They also seem to have anticipated that the switch to the electronic medium would not be sudden and complete, but would require a gradual phasing out of paper documents over a long period of time.

• 통상정보연구
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• 제7권4호
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• pp.199-218
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• 2005

The international business community has been seeking to change paper based bill of lading to electronic bill of lading for the recent years. The reasons for the need for electronic bill of lading are the benefits to international traders:they are fast to issue, transmit and process. These benefits are eliminate the crisis of bill of lading and come down the cost international business community have to charged. The purpose of this paper is to investigate and issue the problems of the present methods of the Electronic Bill of Lading and find implications to commercialized the Electronic Bill of Lading in the basis of the laws and practices of the international trade. Various attempts are offered to achieve this benefits for the last years such as SeaDocs Project, CMI Rules for Electronic Bills of Lading, and Bolero Project. But these methods are yet to be achieved the goals to substitute the paper-based Bill of Lading to Electronic Bill of Lading entirely.

• 무역상무연구
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• 제51권
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• pp.317-358
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• 2011

The purpose of this study aims to analyse the key differences of the sea waybill and electronic B/L in the international transport documents. Sea waybills look remarkably like ordinary bills of lading. Indeed, in two important ways, they are just like bills of lading: the front of the document will near a description of the quantity and apparent condition of the goods; and the back of the document provides evidence of the terms of the contract of carriage. They differ from bills of lading in that, far from indicating that the goods described are deliverable to the order of the shipper or of the consignee, they will make it explicit that the goods are deliverable only to the consignee. Again, different carries will do thai in a variety of ways. For example, the document may call itself non-negotiable, omitting the word order from the consignee box on the front of the document, and stating explicitly that the goods will be deliverable to the consignee or his authorised representative on proper proof of identity and authorisation. The Hague-Visby Rules and Hamburg Rules give no guidance as to any right to instruct the carrier in respect of goods while they are in transit. However, in applying Article 50 of the Rotterdam Rules, in particular when applying it in the context of seawaybills, straight bills of lading or ship's delivery orders, regard would need to be had to preserve the shipper's rights under any of those three documents even after the buyer of goods covered by them has acquired rights of its own. And, the right of control is defined at Article 1.12 of the Rotterdam Rules. The right to give instruction is further limited by the terms of Article 50.1 to three particular types of instruction in respect of the goods, relating broadly to the goods, their delivery en route, and the identity of the consignee. And, the CMI formulated the CMI Uniform Rules for Sea Waybills for voluntary incorporation into any contract of carriage covered by such a document. Recognising that neither the Hague nor the Hague-Visby Rules are applicable to sea waybills, the CMI Rules provide that a contract of carriage covered by a waybill shall be governed by whichever international or national law, if any, would have been compulsorily applicable if the contract had in fact been covered by a bill of lading or similar document of title.

• 무역상무연구
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• 제20권
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• pp.267-292
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• 2003

UNCITRAL considered a proposal to include in its work program a review of current practices and laws in the area of the international carriage of goods by sea, with a view to establishing the need for uniform rules where no such rules existed and with a view to achieving greater uniformity of laws. And UNCITRAL Working Party, as of April, 2003, is reviewing the UNCITRAL's Preliminary Draft Instrument which was originally prepared by CMI. As said above, the Preliminary Draft Instrument has a lot of improved provisions in relation to the scope of application, period of responsibility, obligations and liability of carrier, obligations of shipper and so on, but it has also some provisions which should be reconsidered in light of changed environments. Therefore, UNCITRAL Working Party has to prepare more complete and widely adoptable new uniform rules under the sufficient discussion.