An analysis of transport documents and electronic transport records under the Rotterdam rules

Many changes have been brought into uniform seaborne cargo regimes by the Rotterdam Rules. One important change is that the Rules have replaced the term “bill of lading” with “transport document”. This paper analyses transport documents under seaborne cargo regimes. Another change is the treatment of electronic transport records as equivalent to transport documents in Chapter 3 of the Rules. Namely, these electronic transport records are treated as the equivalent of transport documents. It should be noted that electronic transport records, as a newly-incorporated element in the uniform sea cargo regime, are not
addressed in previous conventions. As electronic transport records are treated as the equivalent of transport documents, the discussion on “transport documents” in this paper also applies to electronic transport records. This paper demonstrates the Rotterdam Rules have much more expanded coverage than conventions prevailed previously. Accordingly, the necessity of such an extended scope of application and its impact on the wider ratification of such a convention of uniform rules will be examined.

Reproduced with permission of Bonomo editore.