电子提单冲突法问题研究

On the Conflict of Laws Issues Involved in the Transactions of EBLs

电子提单主要用于国际海上货物运输和国际贸易与融资中,这注定了电子提单交易中会产生大量的法律冲突。电子提单的发展尚处于初级阶段,各国法律对其规定多处于空白状态,即使少数已有规定的,彼此间也大相径庭,更何况电子提单除了海商法外,还要涉及电子商务法、电子证据法等问题,这些都使得电子提单的法律冲突问题相对于传统提单而言要远为复杂。

Electronic Bills of Lading （EBIS） are mainly used international carriage of goods by sea and international commerce and finance, and this leads to a great deal of conflicts of laws in the transactions of EBIS. EBIS are developing in a very primary stage now. Many countries have not laws regulating the transactions of EBIS, and even there are few countries which have promulgated laws regulating the transactions of EBIS, the contents of the laws are inconsistent with each other. Moreover, the transactions of EBIS also involve maritime law, electronic commerce law and electronic evidence law. All of the facts mentioned above make the resolution of the conflict of EBIS much more difficult when compared with the traditional B/Is.