Transformations in Maritime Transport in the Digital Age
A Legal Study of the Electronic Bill of Lading in the United Arab Emirates
DOI:
https://doi.org/10.35246/2ycfrh89Keywords:
Electronic Bills of Lading, Electronic Transactions, Maritime LawAbstract
This research addresses the nature of electronic bills of lading in light of Emirati legislation, by defining, describing its functions, mechanisms, establishment, parties involved, and its significance as a new means of proving maritime transport contracts. It also discusses the substantive and formal conditions of such documents, with the research problem lying in the absence of national legislative rules regulating them, and the adequacy of the provisions of )the Electronic Transactions and Trust Services Law No. (46) for the year 2021( in addressing them in the UAE, along with the UAE Maritime Trade Law. The research adopts an analytical and comparative approach and consists of a set of findings, among which are:
- The role of electronic bills of lading has evolved to become a tool for proving both transport and shipping contracts, culminating in being a credit instrument representing the goods. Therefore, possessing it indicates possession of the goods, resulting in the same legal consequences as possession of the goods themselves.
- Both traditional and electronic bills of lading serve the same purpose, and electronic maritime bills of lading can perform the same role as traditional bills of lading in proving contractual transactions.
Downloads
References
I. M.DUBOVEC.(2006). The Problems and Possibilities for Using Electronic Bills of Lading as Collateral, Arizona Journal of International and Comparative Law, Vol.23, No.2.
II. OLUWASEUNO. AJAJA. (2015). “ELECTRONIC BILLS OF LADING An easier way to sea carriage”, file:///C:/Users/101839/Downloads/SSRN-id2707960.pdf.
III. T.NIKAKI.(2012). A New International Regime for Carriage of Goods by Sea, Contemporary, Certain, Inclusive and Efficient, or Just Another One for the Shelves?, Berkeley Journal of International Law, Vol.30, Issue 2.
IV. United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (Rotterdam Rules).(2008). Article 9.
V. Zhao, L., & Hu, Y. (2021). Legal Challenges and Opportunities in the Implementation of Electronic Bills of Lading: A Comparative Study.Journal of Maritime Law and Commerce, 52(1).
VI. Zhipeng Cui, Pengfei Zhang. (2022). “Using Electronic Bill of Lading as a Solution for D elivering Cargo without Presentation of the Original Bill of Lading, V9. Issue 11.
Downloads
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution 4.0 International License.
Copyright and Licensing:
For all articles published in Journal of Legal Sciences, copyright is retained by the authors. Articles are licensed under an open access Creative Commons CC BY 4.0 license, meaning that anyone may download and read the paper for free. In addition, the article may be reused and quoted provided that the original published version is cited. These conditions allow for maximum use and exposure of the work.
Reproducing Published Material from other Publishers: It is absolutely essential that authors obtain permission to reproduce any published material (figures, schemes, tables or any extract of a text) which does not fall into the public domain, or for which they do not hold the copyright. Permission should be requested by the authors from the copyrightholder (usually the Publisher, please refer to the imprint of the individual publications to identify the copyrightholder).
Permission is required for: Your own works published by other Publishers and for which you did not retain copyright.
Substantial extracts from anyones' works or a series of works.
Use of Tables, Graphs, Charts, Schemes and Artworks if they are unaltered or slightly modified.
Photographs for which you do not hold copyright.
Permission is not required for: Reconstruction of your own table with data already published elsewhere. Please notice that in this case you must cite the source of the data in the form of either "Data from..." or "Adapted from...".
Reasonably short quotes are considered fair use and therefore do not require permission.
Graphs, Charts, Schemes and Artworks that are completely redrawn by the authors and significantly changed beyond recognition do not require permission.
Obtaining Permission
In order to avoid unnecessary delays in the publication process, you should start obtaining permissions as early as possible. If in any doubt about the copyright, apply for permission. Journal of Legal Sciences cannot publish material from other publications without permission.
The copyright holder may give you instructions on the form of acknowledgement to be followed; otherwise follow the style: "Reproduced with permission from [author], [book/journal title]; published by [publisher], [year].' at the end of the caption of the Table, Figure or Scheme.
