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Dissertations / Theses on the topic 'Bills of lading Railroads'

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Published: 4 June 2021

Last updated: 8 February 2022

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1

Psarros, Stavros. "Bills of Lading and electronic equivalent." Thesis, University of Plymouth, 2011. http://hdl.handle.net/10026.1/1961.

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This thesis will examine bills of lading and their electronic equivalent offered currently to the commercial world. Accepting that electronic equivalent of bills of lading are a commercial reality, the aim of this study is to examine how these systems successfully operate on the current legal framework designed for their paper counterparts. Therefore the first part of this study is dedicated to paper bills of lading and the functions they acquired over the years, whilst the second part of this study is devoted to the examination of their electronic equivalent currently offered. Specifically, i

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2

Holtzhausen, Ankia. "Electronic bills of lading / Ankia Holtzhausen." Thesis, North-West University, 2006. http://hdl.handle.net/10394/1388.

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3

Andersson, Patrik G. "Delivery clauses in Bills of Lading /." Stockholm : Jure, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/517255871.pdf.

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4

Ozdel, Melis. "Incorporation of charterparty clauses into Bills of Lading." Thesis, University of Southampton, 2010. https://eprints.soton.ac.uk/210841/.

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Much has been said about the unfairness of binding bill of lading holders with the charterparty contracts, the copies of which are rarely provided together with the bills of lading. Besides, many people felt strongly that importing the provisions of an unseen contract creates a more risky international trade environment. Yet, it is an undeniable fact that incorporation clauses can make the holders subject to the charterparty provisions, even though the copies of these contracts are not shown to them. Nonetheless, since the early years, the issue of whether the charterparty terms are actually i

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5

Wiwatapattarakul, Pornchai. "The use of bills of lading in oil trading." Thesis, University of Aberdeen, 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.262162.

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6

Onoora, Surapol. "The bill of lading as a document of title: Right of action under the Bills of Lading Act 1855." Thesis, McGill University, 1990. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=22399.

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This thesis is a study of the difficulties arising from the application of section 1 of the English Bills of Lading Act, 1855. This study is conducted in the context of the evolution of the law, relevant judgments, international conventions as well as academic views.<br>By the custom of merchants a bill of lading is transferable by indorsement the property in the goods may thereby pass to the indorsee; nevertheless all rights in respect of the contract of carriage evidence by the bill of lading continue in the original shipper or owner. In order to solve this problem, the Bills of Lading Act w

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7

Giermann, Heiko A. "The evidentiary value of Bills of Lading and Estoppel : a comparative study." Thesis, McGill University, 1997. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=20532.

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This comparative thesis addresses the evidentiary value of bills of lading and estoppel under the Hague and Hague/Visby Rules, the law in the United Kingdom and the United States. After an analysis of the travaux prepraratoires of the Hague and Hague/Visby Rules, and a comparison with the Hamburg Rules, the thesis focuses on the English common law and the relevant statutory provisions. The thesis advocates a new, alternative approach in order to overcome the current interpretive problems with the application of the common law doctrine of estoppel. The analysed provisions are those of the Carri

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8

Giermann, Heiko A. "The evidentiary value of bills of lading and estoppel, a comparative study." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape11/PQDD_0004/MQ44058.pdf.

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9

Melo, Fernando. "Enforceability of foreign forum selection clauses in maritime bills of lading under American law." Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=27460.

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Traditionally, American courts refused to enforce foreign forum selection clauses as against public policy.<br>This doctrine was abandoned in 1972 in the Bremen, where the United States Supreme Court established the presumption of validity of foreign forum selection clauses. However, the enforceability of such clauses is subject to certain exceptions which relate to particular applications of the general principles of contract law.<br>The Bremen analysis was modified in 1991, when the Supreme Court decided Carnival Cruise, which limited the scope of such exceptions and strengthened the presump

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10

Melo, Fernando. "Enforceability of foreign forum selection clauses in maritime bills of lading under American law." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp04/mq29835.pdf.

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11

Meyer, Sebastian. "Aspects of the law and practice relating to transport documents in marine trade." Thesis, Swansea University, 2014. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.678605.

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This research concerns carriage of goods by sea, in particular the law relating to bills of lading and transport documents. It concentrates on the relationship between the legal position and the position of the industry and practice within the field.

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12

Coens, Benoit. "The "Hamburg Rules" : articles 1 to 5.1." Thesis, McGill University, 1992. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=56666.

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The "United Nations Convention on Carriage of Goods by Sea, 1978", referred to as the "Hamburg Rules", will enter into force between the Contracting States on the 1st November 1992.<br>This thesis examines the first five articles of the Convention and principally intends to depict their working in a structured and clear manner. It further reveals that their drafters primarily aimed: (1) at adjusting the distribution of the risks of sea-carriage between carrier and cargo-interest, which prevails under the "Hague Rules", to its contemporary legal and factual environment and (2) at promoting unif

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13

Khademan, Mahmood. "Documentary letters of credit and related rules under international trade law : a case for action." Thesis, University of Glasgow, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.320837.

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14

Jafari, Farhang. "The concerns of the shipping industry regarding the application of electronic bills of lading in practice amid technological change." Thesis, University of Stirling, 2015. http://hdl.handle.net/1893/24071.

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In the sea trade, the traditional paper-based bill of lading has played an important role across the globe for centuries, but with the advent of advanced commercial modes of transportation and communication, the central position of this document is under threat. The importance of the bill of lading still prevails as does the need of the functions that this document served in the past, although in a changed format. In the recent past, the world has witnessed a lot of debate about replacing this traditional paper-based document with an electronic equivalent that exhibits all of its functions and

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15

Du, Yun Yan. "Legal recognition and implications of electronic bill of lading in international business : international legal developments and the legal status in China." Thesis, University of Macau, 2011. http://umaclib3.umac.mo/record=b2487632.

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16

Liao, S. P. "Issues in deviation and in bills of lading under charterparties : A comparative study of Anglo-American and R.O.C. laws." Thesis, University of Southampton, 1986. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.374761.

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17

Zekos, Georgios I. "Judicial analysis of the contractual role of bills of lading as it stands in Greek, United States and English law." Thesis, University of Hull, 1998. http://hydra.hull.ac.uk/resources/hull:8290.

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The aim of this thesis is the comparative examination of the contractual role of the bill of lading in Greek, United States and English law. First of all, the principles of law which have created the bill of lading either as the contract or as evidence will be investigated. Moreover, the axis of the development of the thesis will be the analysis of how and why the issued and accepted bill of lading becomes the contract of carriage. The recent efforts to pass from a paper bill of lading to an electronic one makes more important the establishment of a uniform contractual characteristic and funct

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18

Weinmann, Jens. "Identifying the carrier - The effect and validity of demise- and identity of carrier clauses in bills of lading - a comparative study." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/4577.

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This dissertation sets out to elaborate on the question who the carrier is under different jurisdictions with its underlying principles and concepts. Special consideration will thereby be given to the effect and validity of demise and identity of carrier clauses in bills of lading, which may influence the question of whether a bill of lading is a shipowners or a charterers bill of lading. [...] It will be shown, that there is no uniform approach regarding this problem under international law and will comment on the necessity of bringing about changes in international maritime law.

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19

Smit, Jason Johnathan. "Does blockchain technology offer a solution to the remaining impediments to the more widespread use of electronic negotiable bills of lading?" Master's thesis, Faculty of Law, 2021. http://hdl.handle.net/11427/33040.

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The problem when it comes to the concept of possession in terms of technology and transferring possession which requires the concept of exclusivity which cannot be tampered with. Data messages cannot in their current state cannot be a symbol of goods that by constructive possession rights of a holder could be transferred. Other researchers have commented on the fact blockchain could remedy this situation. It should be maintained that a specific type of blockchain should be the preferred approach to the dematerialisation of bills of lading in electronic form, but that does not exist yet. Other

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20

Ziegler, Alexander von. "Haftungsgrundlage im internationalen Seefrachtrecht : Evolution der Haftungsgrundlage von den Haager Regeln zu den Hamburger Regeln unter Berücksichtigung des nationalen und internationalen Seerechts von Grossbritannien, den Vereinigten Staaten von Amerika, Kanada, Frankreich, Deutschland und der Schweiz /." Zürich : Baden-Baden : Schulthess ; Nomos, 2002. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=009973843&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.

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21

Batteni, Nasser. "Law and practice of international carriage of goods by sea under English and Iranian maritime law : (legal disputes arising from Charter-parties and Bills of Lading)." Thesis, Glasgow Caledonian University, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.384988.

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22

Malassigné, Vincent. "Les titres représentatifs : essai sur la représentation juridique des biens par des titres en droit privé." Thesis, Paris 2, 2014. http://www.theses.fr/2014PA020062.

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Il est fréquent d’affirmer qu’un titre représenterait un bien : une lettre de change représenterait une créance de somme d’argent, un connaissement représenterait une marchandise, une inscription en compte représenterait une valeur mobilière, un « depositary receipt» représenterait une action étrangère … Il s’agirait donc de « titres représentatifs ». Mais que recouvre cette formule ? Traduit-elle l’existence d’un véritable mécanisme de représentation des biens par des titres en droit privé ou s’agit-il d’un abus de langage ? Dans un premier temps, l’étude des titres représentatifs permet d’ét

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23

Holtzhausen, Ankia. "Electronic bills of lading / by A. Holtzhausen." Thesis, 2006. http://hdl.handle.net/10394/1388.

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24

林宜賢. "An Electronic Payment System with Bills of Lading." Thesis, 2000. http://ndltd.ncl.edu.tw/handle/70251190804887500751.

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碩士<br>義守大學<br>資訊工程學系<br>88<br>Electronic payment systems are usually based on the physical model of commerce where customers withdraw money from the bank and spend it at the shop on goods or services. The merchant then deposits money from the bank. However this model may not be suitable for other electronic payment systems. An example is an electronic payment system using vouchers. The concept of the voucher is first described in Foo and Boyd’s system. Unlike electronic cash, vouchers are prepared by the merchant and the bank. The voucher is distributed to the customer who c

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25

Lin, Hsing-chien, and 林幸蒨. "The Comparative Study on Electronic Bills of Lading." Thesis, 2011. http://ndltd.ncl.edu.tw/handle/22798907701578970367.

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碩士<br>東吳大學<br>法律學系<br>99<br>As electronic technology and Internet become increasingly mature, e-commerce, or e-business, is now the dominating the trend for the in the days and years ahead. Investment in e-commerce would dramatically bring down trading costs and new opportunities in market. Those traditional bills of lading (B/L) used to depend upon airmail or air courier to proceed with trading while very often a bill of lading (B/L) was still on the way of mail travel after the cargoes already reach the destinations and the consignee could not take delivery of the cargoes amidst the helple

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26

LU, CHEN-TAO, and 盧駿道. "The Legal Problems on Electronic Bills of Lading." Thesis, 1995. http://ndltd.ncl.edu.tw/handle/18410631247026986100.

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27

Du, Toit Sarel Francois. "The bill of lading in South African law." Thesis, 2012. http://hdl.handle.net/10210/6358.

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LL.D.<br>The bill of lading in South African law is the theme of this study. In the first part of the thesis, the bill of lading in its traditional paper form is examined. The aim of the first part of the study is to reconcile the bill of lading that is based on English law with the principles of South African law, especially regarding concepts such as possession and ownership. A plea is made for the application of South African law to bills of lading rather than English law exclusively. Even though English law undoubtedly forms the basis of the law governing bills of lading, such law should b

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28

TSE, YANG YING, and 楊英哲. "A Feasible Study on the Issuance ofElectronic Bills of Lading from Legal AspectsA Feasible Study on the Issuance of Electronic Bills of Lading from Legal Aspects." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/71837388772159471709.

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碩士<br>開南大學<br>物流與航運管理學系<br>97<br>The electronic bills of lading has been promoted for over a decade. Facing the existing well-developed e-commerce technologies as well as a paperless and environmental consciousness, it should have a good opportunity to develop the electronic bills of lading. However, the electronic bills of lading has not been commonly adopted. In addition, a few legislations for the electronic bills of lading have also been made. Its reason and the issues of the electronic bills of lading are worthy to be probed further. Firstly, this study probes into the implications and co

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Huang, Kuang-Han, and 黃光漢. "Analyses on the Functions and Legal Natures of Bills of Lading." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/58150501197279145592.

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碩士<br>國立臺灣海洋大學<br>航運管理學系<br>98<br>Bills of lading act as important instrument for international trades. They provide three functions which are closely related with the carriers’ responsibility in performing the contracts evidenced by the bills of lading. These functions are also connected with the carriers’ liability if an action is eventually brought. For example, the receipt of goods will provide evidence of cargoes condition received by the carriers; the evidence of contract will provide contents which the carriers are obliged to perform as well as their liabilities in case of breach of con

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林信彰. "Signing and Releasing Charterparty Bills of Lading on behalf of Charterers." Thesis, 2011. http://ndltd.ncl.edu.tw/handle/14657136817986803815.

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碩士<br>國立臺灣海洋大學<br>航運管理學系<br>99<br>In practice of international trade and maritime transportation, besides making the contract of carriage by the parties, the most important issue is the impplication of bills of lading, and then the overseas commerce of credit transations should be done through the banks. In tramp shipping sector, shipping companies gain not only cargo freight, but also the charter hire by time charter-out vessels; thus, charter chains was formed, which composed of various operating modes. In practice, after issuing charterparty bills of lading, then transferred to the third le

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Karnas, Henry P. "Auditing government transportation bills." Thesis, 1988. http://hdl.handle.net/10945/22921.

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Approved for public release; distribution is unlimited<br>This thesis examines the area of transportation bill auditing in the Federal Government. It reviews the history of transportation bill auditing, the mechanics of auditing freight transportation bills, and the various factors that impact on the causes and identification of overcharges. This thesis analyzes the current method of post-payment audits of all government transportation bills by GSA and reviews the ongoing initiatives by DOD to implement pre-payment auditing. It concludes that DOD is paying upwards of $48 million a year

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Chang, Cheng-Fu, and 張正富. "Carrier's Liability for Releasing Cargo without Production of Consigned Bills of Lading." Thesis, 2011. http://ndltd.ncl.edu.tw/handle/26913656194504425253.

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碩士<br>國立臺灣海洋大學<br>航運管理學系<br>99<br>The topic in cargo release without producing original bills of lading, particularly in consigned bills of lading, has disputations for decades. There are many trial raised between carriers and related obliges. Under general judgment conditions, carrier is responsible often more strictly applied; furthermore, there are discrepancies between international regulations according to different law application of jurisdiction. But the causal factors for carrier to release cargo without producing original bills of lading are normally obliged, under any circumstances h

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Tseng, Yu-Shan, and 曾鈺珊. "A Study on Relevant Problems concerning Documentary Fraud of Bills of Lading." Thesis, 2005. http://ndltd.ncl.edu.tw/handle/33576377152665006102.

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碩士<br>國立臺灣海洋大學<br>航運管理學系<br>93<br>International trade has become the mainstream of Taiwan’s economy and is one of the key elements of commercial activities. Bills of lading act as an important role in international trade. They enable cargo transactions to be processed smoothly through the transfer of the bills of lading. After cargoes have been loaded on board the ship, the carriers or the shipowners will sign and issue bills of lading upon the request of the shippers. The bills of lading act as receipts of the cargo enabling the carriers or the shipowners to deliver the cargoes at the destina

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Wang, Yu-Lin, and 王堉苓. "carriers liability for releasing cargo without production of original Bills of Lading." Thesis, 2004. http://ndltd.ncl.edu.tw/handle/97573769160152923798.

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碩士<br>國立臺灣海洋大學<br>海洋法律研究所<br>92<br>Abstract Bills of lading provide the functions of receipts, evidence of contract and document of title. They are important instruments either in international trade and shipping practices. It is the carrier’s obligation to require the surrender or original bills of lading whilst releasing cargo to the holder of bills of lading. This thesis discuss the nature and the function of bill of lading in order to explore the carrier’s obligation in the production of original bills of lading upon releasing cargo to the consignee, as well as those liabilities arising f

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35

Kuo, Yu-Hsiu, and 郭育秀. "The Electronic Bills of Lading and Its Latest Regulation in the Rotterdam Rules." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/e5pwa9.

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碩士<br>國立臺灣海洋大學<br>航運管理學系<br>102<br>This paper analyzes the regulation of the electronic bills of lading under the international maritime conventions, including the Hague Rules, the Hague-Visby Rules, the Hamburg Rules, the Multimodal Convention and the latest Rotterdam Rules. Regulations of the electronic bills of lading under the international conventions, including CMI Rules for Electronic Bills of Lading, UNCITRAL Model Law on Electronic Commerce, and Electronic Signature Act in Taiwan are also analyzed. This paper focuses on the nature of the electronic bills of lading, and compares the

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LIOU, CHIAU-YU, and 劉喬雨. "Contents of Transport Documents on Rotterdam Rules compare to current Carrier's Bills of Lading." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/81901806605930998520.

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碩士<br>開南大學<br>物流與航運管理學系<br>97<br>General Assembly of United Nations adopted the newest Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea on 11 December 2008, and the new issue will be opened for signature on 23 September 2009 in Rotterdam, Netherlands. The new rules thus be called "The Rotterdam Rules." The main purpose of the Rules is to replace the existing three international conventions, those are "Hague Rules"," Hague-Visby Rules " and " Hamburg Rules ", to establish an union legal system on Carriage of Goods by Sea. The Convention aims to create a co

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Peng, Mei-Yuan, and 彭美媛. "Delivery of Goods without Surrendering Bills of Lading and Its Latest Regulation in the Rotterdam Rules." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/ert428.

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碩士<br>國立臺灣海洋大學<br>航運管理學系<br>102<br>This study mainly discusses the liability for delivery of goods without surrendering bills of lading, including the Hague Rules 1924, the Hague-Visby Rules 1968, the Hamburg Rules 1978, the Multimodal Conventions of UN 1980 and the latest Rotterdam Rules 2009 to further explore the latest trend in international maritime legislation. This study proposes the revised suggestion to delivery of cargos without surrendering bills of lading of Maritime Law of Taiwan. The results demonstrate as follows: 1.Respecting the shipping development tendency, controversial j

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Pei-Ying, Wang, and 王霈穎. "A Competitive Study on the Validity of Bills of Lading under Taiwan’s Law and the Rotterdam Rules." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/66520271986911838439.

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碩士<br>國立高雄海洋科技大學<br>航運管理研究所<br>98<br>It is time to review Maritime Law of Taiwan when the Rotterdam Rules 2009 emergence. The new conception of the right of control and the lawful release the goods without original bill of lading will affect the validity of bill of lading. As a result, this study aims to explore the validity of the bill of lading between in Rotterdam Rules and Taiwan. The methods adopted by this study are inductive method, deductive method and comparative method. The process of this study is explained as follow: First, clarify the regulations of validity of creditor's right in

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Donnelly, Dusty-Lee. "An examination of the application of the Sea Transport Documents Act 65 of 2000 to title to sue under contracts of carriage evidenced by sea waybills and straight bills of lading." Thesis, 2013. http://hdl.handle.net/10413/10997.

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The Sea Transport Documents Act, 65 of 2000, was a remedial statute intended to provide a solution to the problem of title to sue under the contract of carriage evidenced by sea transport documents. At common law a contract of carriage is not transferable. The contract of carriage is ordinarily concluded between the shipper and the carrier. The consignee lacks title to sue yet in terms of international sale contracts on C.I.F and F.O.B terms the consignee would be the person who stood to suffer the loss as risk in the goods passes from seller to buyer when the goods are loaded on board at the

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40

Proctor, Carol. "The legal role of the bill of lading, sea waybill and multimodal transport document in financing international sales contracts." Diss., 1996. http://hdl.handle.net/10500/15836.

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The legal nature of the bill of lading as a negotiable document of title has allowed it to provide the basis of a system in which bankers provide credit for the financing of international sales contracts on the strength of the security afforded by the goods represented in the bill. The sea waybill has appeared as a substitute for the bill of lading and, despite its nature as a nonnegotiable document, it can be employed in a manner which allows it to provide collateral security to banks. Multimodal transport documents which may be issued in negotiable or non-negotiable form assume the sam

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