전자적으로 발행된 해상운송서류의 유통성 및 대체성에 관한 연구

• 영문명: An Analysis of Negotiability and Substitutability of Sea Carriage Documents Issued Electronically
• 발행기관: 한국무역연구원
• 저자명: 김동윤(Dong-Yoon Kim) 우광명(Kwang-Myung Woo) 신학승(Hak-Sung Shin)
• 간행물 정보: 『무역연구』제11권 제6호, 233~249쪽, 전체 17쪽
• 주제분류: 경제경영 > 무역학
• 파일형태: PDF
• 발행일자: 2015.12.31

영문 초록

One of the original objectives of UNCITRAL in creating a new instrument to regulate the international carriage of goods by sea was to provide for the use of electronic documents. The Rotterdam rules are the first international convention for the international carriage of goods by sea to make specific provision for electronic commerce. The rules expand the scope of previous carriage convention and one of the topics is about the use of electronic means. The rules give functional equivalence to traditional bills of lading and other transport documents such as way bills and electronic means in carriage of goods wholly or partly by sea. The bill of lading is one of the important shipping documents in international trade and it has security features or functions such as evidence of contracts, receipt of goods and document of title. Nowadays, these functions are replicated in electronic form. There are some issues in using electronic means for commercial purpose. One problem is the issue and negotiation of an electronic bill of lading. The aim of this article is to determine negotiability problems emanating from the electronic bill of lading based on the current rules. For this purpose, this study examined and analyzed the nature and characteristic of the bill of lading and each convention and legal regime. Results of the analysis showed that there are two problems: one is a technical problem and the other has to do with the fact that there is no uniform law which applies to the electronic transport documents.

목차

Abstract

I. 서론

II. 전자운송서류의 개념과 관련 법제

III. 전자운송서류의 유통성 확보에 따른 문제점

IV. 전자운송서류의 유통성 확보를 위한 방안

V. 결론

References

키워드

Electronic Bill of Lading Electronic Sea Waybill Negotiability Rotterdam Rules,Substitutability Technology Neutrality