A Preliminary Analysis of Electronic Bills of Lading under the UNCITRAL Draft Convention on the Carriage of Goods
【中文摘要】《UNCITRAL运输法草案》创设了纸面运输单证和电子运输单证相互平行的独特提单体系，也反映了电子提单在国际货物运输中日益提升的地位。但是电子提单独特的流转模式使其相关体系的构建存在诸多困难，也导致出现了一些新的制度与风险。如何处理这些新生问题，使电子提单可以在国际货物运输中发挥其应有的作用与优势，值得我们反复探讨。本文从UNCITRAL草案中电子提单的含义入手，分析了UNCITRAL草案模式下电子提单的特点与不足，并提出了一些完善建议。 【Abstract】The UNCITRAL Draft Convention on the Carriage of Goods [Wholly or Partly] [by Sea] has created a unique bill of lading (B/L) system featuring a parallelism between paper and electronic transport documents, which mirrors the growing role of electronic B/Ls in the international goods carriage. However, the unique circulation pattern of electronic B/Ls has added difficulties to the construction of systems associated therewith and hastened the emergence of new systems and risks. How to solve such new-emerging problems and put the roles and advantages of electronic B/Ls in the international goods carriage into full play is a subject worth of repeated exploration. Based on the definition of electronic B/ L under the UNCITRAL Draft, this paper presents an analysis of the characteristics and defects of electronic B/Ls thereunder as well as some suggestions for further improvement.