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Bills of Lading Fraud and Corresponding Legal Resolutions: A Comparative Study of English and Chinese Law

Kong, Wei LU (2012) JASM01 20121
Department of Law
Abstract
The thesis concentrates on the issue of bill of lading fraud and discusses legal remedies as to respective type of fraud. Due to complexity and difference of each jurisdiction, the thesis selects English law and Chinese law as targeted jurisdiction, under which the issue of bill of lading will be addressed and analyzed. In addition to domestic law, the recent-adopted international convention, namely, the Rotterdam Rules will also be referred to as a supplementary document in dealing with the issue of bill of lading fraud.
In the analytical chapters, the thesis will make a detailed descriptive statement as to the type of bill of lading fraud and more importantly, the corresponding legal resolutions as to each type of fraud. These... (More)
The thesis concentrates on the issue of bill of lading fraud and discusses legal remedies as to respective type of fraud. Due to complexity and difference of each jurisdiction, the thesis selects English law and Chinese law as targeted jurisdiction, under which the issue of bill of lading will be addressed and analyzed. In addition to domestic law, the recent-adopted international convention, namely, the Rotterdam Rules will also be referred to as a supplementary document in dealing with the issue of bill of lading fraud.
In the analytical chapters, the thesis will make a detailed descriptive statement as to the type of bill of lading fraud and more importantly, the corresponding legal resolutions as to each type of fraud. These resolutions are provided differently in English law and Chinese law, and a comparative analysis may provide some helpful hints for future similar cases.
Following the analysis on domestic law, the thesis is going to look at the Rotterdam Rule. The thesis will invoke an actual case, which has been decided under English law, and tries to discover the result under the hypothesis that the Rotterdam Rules apply to this case.
It will be concluded that fraud is such common illicit act taking place during the process of transport, particularly during the process of international trade, that it can never be extinguished by a single measure. Combined method should be in need to prevent fraud effectively. In addition, there is no perfect legal regime to strike a balance of the triangular relationship among the shipper, the carrier and the consignee. Each set of rules has its emphasis and the final result of a case must be decided on its fact and even the interpretation by the court. (Less)
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author
Kong, Wei LU
supervisor
organization
course
JASM01 20121
year
type
H2 - Master's Degree (Two Years)
subject
keywords
Bills of Lading Fraud, Shipper's Fraudulent Acts, Consignee's Fraudulent Acts, Right of Suit, Letter of Indemnity, Bank Guarantee, the Rotterdam Rules
language
English
id
2628873
date added to LUP
2012-10-15 11:53:37
date last changed
2012-10-15 11:53:37
@misc{2628873,
  abstract     = {The thesis concentrates on the issue of bill of lading fraud and discusses legal remedies as to respective type of fraud. Due to complexity and difference of each jurisdiction, the thesis selects English law and Chinese law as targeted jurisdiction, under which the issue of bill of lading will be addressed and analyzed. In addition to domestic law, the recent-adopted international convention, namely, the Rotterdam Rules will also be referred to as a supplementary document in dealing with the issue of bill of lading fraud.
In the analytical chapters, the thesis will make a detailed descriptive statement as to the type of bill of lading fraud and more importantly, the corresponding legal resolutions as to each type of fraud. These resolutions are provided differently in English law and Chinese law, and a comparative analysis may provide some helpful hints for future similar cases.
Following the analysis on domestic law, the thesis is going to look at the Rotterdam Rule. The thesis will invoke an actual case, which has been decided under English law, and tries to discover the result under the hypothesis that the Rotterdam Rules apply to this case.
It will be concluded that fraud is such common illicit act taking place during the process of transport, particularly during the process of international trade, that it can never be extinguished by a single measure. Combined method should be in need to prevent fraud effectively. In addition, there is no perfect legal regime to strike a balance of the triangular relationship among the shipper, the carrier and the consignee. Each set of rules has its emphasis and the final result of a case must be decided on its fact and even the interpretation by the court.},
  author       = {Kong, Wei},
  keyword      = {Bills of Lading Fraud,Shipper's Fraudulent Acts,Consignee's Fraudulent Acts,Right of Suit,Letter of Indemnity,Bank Guarantee,the Rotterdam Rules},
  language     = {eng},
  note         = {Student Paper},
  title        = {Bills of Lading Fraud and Corresponding Legal Resolutions: A Comparative Study of English and Chinese Law},
  year         = {2012},
}