BOLERO Rule Book,126 which provides the legal framework for paperless transactions.The BOLERO title registry plays a vital role in respect of bills of lading; it is a database of information relating to bills of lading that is centrally operated. Transfer is affected by a combination of notification, confirmation and authentication through digital signatures. It is not very clear how widely this system is used, although the BOLERO website indicates that major banks, shipping companies and traders are their members. This means that it might also be possible to meet the other functions of bill of lading, such as financing the sale/purchase by way of pledge.

Conclusion

This chapter describes the many different functions of a bill of lading, ranging from a mere receipt to a contract of carriage and a document of title in international commerce. The bill of lading as a contract of carriage, of course, defines the rights and duties of both the shipowner and the consignee or endorsee. The 19th century saw the insertion of terms in bills of lading that were extremely disadvantageous to the consignee or endorsee. Common law tried to protect the consignee by construing clauses limiting responsibility (e.g., implied undertaking to provide a seaworthy ship) or excluding liability narrowly. Clearly worded clauses, however, were given effect since it was not the job of the courts to intervene in the parties’ contract. International organisations sought to protect the weaker party (cargo owner in this case) through the formulation of international conventions. Chapters 7, 8 and 9 examine the rights and responsibilities of the parties to a bill of lading at common law, under the Hague-Visby Rules (implemented by the UK with the Carriage of Goods by Sea Act 1971), and the Hamburg Rules. Chapter 9 also includes a brief overview of the recently adopted Rotterdam Rules.

Further reading

Bennett, The History and Present Position of the Bill of Lading as a Document of Title to Goods, 1914, CUP.

Bools, The Bill of Lading, 1997, LLP.

Bradgate and White, ‘The Carriage of Goods by Sea Act 1992’ (1993) MLR 188. Burden, ‘EDI and bills of lading’ [1992] Computer Law and Security Report 269. Chandler, ‘The electronic transmission of bills of lading’ (1989) 20(4) JMLC 571. Colinvaux (ed), Carver’s Carriage by Sea, 2 vols, 13th edn, 1982, London: Stevens.

Curwen, ‘The problems of transferring carriage rights: an equitable solution’ [1992] JBL 245. Davies, ‘Continuing dilemmas with passing of property in part of a bulk’ [1991] JBL 111.

Faber, ‘Shipping documents and electronic data interchange’ [1993] Law, Computers and Artificial Intelligence 21.

Faber, ‘Electronic bills of lading’ [1996] LMCLQ 232.

Gaskell, Baatz and Asariotis, ‘Bills of lading’, in Yates (ed), Contracts for the Carriage of Goods by Land, Sea and Air, 1993, LLP.

Gliniecki and Ogada, ‘The legal acceptance of electronic documents, writings, signatures and notices in international transport convention: a challenge in the age of global electronic commerce’ (1992) 13 Northwestern Journal of International Law and Business 117.

126Available at www.bolero.net. See also the legal feasibility study prepared by Allen and Overy and Richards Butler, available at www.bolero.net.