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Electronic Bills of Lading: An Easier Way to Sea Carriage 电子提单:海上运输的捷径
Pub Date : 2015-10-30 DOI: 10.2139/ssrn.2707960
O. Ajaja
The starting point of any discuss on electronic bill of lading must as of necessity commence with the explanation of what a bill of lading is. A Bill of Lading is a document issued by, or on behalf of, a carrier or master to a sender, known as the shipper or consignor, which covers the carriage of goods destined to an ultimate receiver, known as the consignee. The bill of lading generally evidences the seller’s delivery of goods to an independent entity (the carrier) which takes over, inter alia, responsibility for the delivery to an ultimate buyer. The advancement of technology was the fulcrum upon which the electronic Bill of Lading lies. It is a recent development introduced to facilitate international trade and to reduce paper documents associated with international trade. The attendant complexities of modern day commerce have rendered obsolete the traditional means of transportation of goods over the sea as evidenced by a bill of lading. An electronic bill of lading is ordinarily the functional equivalent of a paper Bill of Lading. It clearly imitates the contents and functions of a paper bill of lading.The attendant relative novelty of this concept is the raison d'etre for this write up. The writer attempts to roll back the frontiers of ignorance by critically analysis and explaining what an Electronic Bill of Lading entails and its importance in this jet age.
任何关于电子提单的讨论都必须从解释提单是什么开始。提单是由承运人或船长签发或代表承运人或船长签发给发件人(称为托运人或发货人)的文件,它涵盖了运往最终接收者(称为收货人)的货物运输。提单一般证明卖方将货物交付给一个独立的实体(承运人),该实体除其他外,接管了将货物交付给最终买方的责任。技术的进步是电子提单的支点。这是最近的一项发展,旨在促进国际贸易和减少与国际贸易有关的纸质文件。伴随而来的现代商业的复杂性已经使以提单为凭证的传统海上货物运输方式过时了。电子提单通常在功能上等同于纸质提单。它明显模仿了纸质提单的内容和功能。这一概念的相对新颖性是本文存在的理由。作者试图通过批判性的分析和解释电子提单的必要性及其在这个喷气时代的重要性,来推翻无知的前沿。
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引用次数: 1
On Uncertain Ice: The Future of Arctic Shipping and the Northwest Passage 不确定的冰:北极航运和西北航道的未来
Pub Date : 2014-12-04 DOI: 10.11575/SPPP.V7I0.42493
Whitney Lackenbauer, Adam Lajeunesse
The Arctic sea-ice is in a state of rapid decline. Barriers to navigation that once doomed the likes of Sir John Franklin and closed the shortcut to the Orient now seem to be melting away. The prospect of shorter, transpolar transportation routes linking Asian and Western markets has inspired excitement and fear, and particularly the latter when it comes to Canadian sovereignty. This paper confirms recent studies suggesting that, in spite of the general trend towards reduced ice cover in the Arctic Basin, environmental variability, scarce infrastructure and other navigational aids, and uncertain economics make it unlikely that the Northwest Passage will emerge as a viable trans-shipping route in the foreseeable future. Instead, the region is likely to witness a steady increase in resource, resupply, and tourist destinational shipping. Accordingly, concerns that this increased activity will adversely affect Canadian sovereignty are misplaced. Rather than calling into question Canadian control, foreign vessels engaged in local activities are likely to reinforce Canada’s legal position by demonstrating an international acceptance of Canadian laws and regulations. Rather than worrying about the “sovereignty” ramifications of Arctic shipping, the Canadian government should focus its short – and medium – term energies on the practical requirements of developing and maintaining safe shipping routes. At the heart of this requirement is ensuring that such activity is beneficial to Inuit, whose traditional “highways” will double as transits routes for resource carriers and cruise liners. If developed with an eye to those most directly affected, Canada’s Arctic waters can become a well-managed route to an increasingly attractive region, making our Arctic a destination rather than mere space through which to pass.
北极海冰正处于迅速减少的状态。曾经让约翰•富兰克林爵士(Sir John Franklin)等人命途末路、关闭通往东方捷径的航海障碍,如今似乎正在消失。连接亚洲和西方市场的更短的跨极地运输路线的前景既令人兴奋又令人担忧,尤其是当涉及到加拿大主权时。本文证实了最近的研究表明,尽管北极盆地的冰层覆盖面积总体呈减少趋势,但环境变化、基础设施和其他导航设备的匮乏以及不确定的经济因素,使得西北航道在可预见的未来不太可能成为一条可行的转运路线。相反,该地区的资源、补给和旅游目的地航运可能会稳步增长。因此,担心这种增加的活动将对加拿大主权产生不利影响是多余的。从事当地活动的外国船只非但不会对加拿大的控制提出质疑,反而可能通过表明国际社会接受加拿大的法律法规来加强加拿大的法律地位。与其担心北极航运的“主权”后果,加拿大政府应该把短期和中期的精力集中在发展和维护安全航线的实际需求上。这一要求的核心是确保这种活动有利于因纽特人,他们的传统“公路”将成为资源运输船和邮轮的过境路线。如果在开发时考虑到那些最直接受影响的人,加拿大的北极水域可以成为一条管理良好的通道,通往一个越来越有吸引力的地区,使我们的北极成为一个目的地,而不仅仅是一个过境空间。
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引用次数: 8
A Research Agenda for the Study of the Regulation of Invasive Species Introduced Unintentionally Via Maritime Trade 海洋贸易无意引入的入侵物种管制研究议程
Pub Date : 2004-06-01 DOI: 10.2139/ssrn.560081
A. Batabyal
I propose a queuing theoretic research agenda for studying five questions about the effects that alternate invasive species control regulations have on consumers and producers in a nation such as the USA. The five questions are as follows. First, when can one justify a trade ban as an effective regulatory policy? Second, what are the attributes of credible pre-export certification schemes? Third, how does one determine the optimal number of inspectors in a stochastic context in which arriving ships may or may not be able to queue in a particular port? Fourth, should a port manager have a small number of inspectors inspect ships less stringently or should this manager have a large number of inspectors inspect ships more stringently? Finally, when should a port manager in (say) the USA use information about (i) the dollar value of the products being transported by ships from two exporting firms and (ii) the mean time it takes to inspect ships from these two firms to grant preferential treatment to one or the other exporting firm?
我提出了一个排队论的研究议程,以研究五个问题,即在美国这样的国家,入侵物种控制法规对消费者和生产者的影响。五个问题如下。首先,什么时候可以证明贸易禁令是一项有效的监管政策?其次,可信的出口前认证计划有哪些特点?第三,在一个随机环境中,到达的船只可能会或可能不会在特定港口排队,如何确定检查员的最佳数量?第四,港口管理者是应该让少量检查员对船舶进行不那么严格的检查,还是应该让大量检查员对船舶进行更严格的检查?最后,(比如说)美国的港口管理者何时应该使用以下信息:(1)由两家出口公司的船舶运输的产品的美元价值,(2)检查这两家公司的船舶所花费的平均时间,以给予其中一家或另一家出口公司优惠待遇?
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引用次数: 16
Responsibilities and Liabilities for Commercial Activity in the Artic: Introduction 在北极的商业活动的责任和义务:介绍
Pub Date : 1900-01-01 DOI: 10.2139/SSRN.3091136
A. Møllmann, Vibe Ulfbeck, Bent Ole Gram Mortensen
In recent years, there has been much focus on the Arctic. Thus, as the climate in the Arctic gets milder, new business opportunities arise. This is true both with regard to onshore and offshore activities. To oil companies, the prospect of being able to exploit the presumed large reserves of oil in the Arctic Ocean gives rise to consideration. Also, onshore mining has attracted interest. In Greenland, this includes mining of rare earth minerals, some of which can only be extracted by producing uranium as a by-product. Both offshore and onshore business activities will generate a number of related activities in support of the main activities. So will the general interest of the maritime transport sector in taking advantage of the shorter, arctic routes from Europe to Asia. Also tourism has the potential of becoming a prospering industry in the Arctic. Accordingly, also at a more general level, demands for goods, services and labour in the region must be expected to rise. Overall, climate change has given rise to an expectation of an increasing level of activity by private enterprises in the Arctic. However, with an increased level of activity also comes an increased level of risk that something will go wrong. For different reasons the realization of such risks in the Arctic may cause much greater damage than the realization of similar risks elsewhere. Thus, in many Arctic areas the economic survival of small local communities is dependent on the success of investment projects creating jobs and wealth for the inhabitants. If investments go wrong and turn out as failures, this may have profound negative impacts not only for the investor, but for society as a whole. Similarly, consequences of oil pollution at sea in the Arctic may well be much more far reaching than the consequences of similar accidents in other places. For example, it is a simple fact that the effects of oil pollution in the Arctic waters will last for longer than the effects of oil pollution elsewhere since the oil will not dissolve as easily in the cold Artic waters as elsewhere. In addition, large areas in the Arctic are only thinly populated and many areas are uninhabited and extremely difficult to get to. Thus, preventing, limiting and cleaning up after this type of incident poses special challenges. Given the magnitude and potential impacts of the realization of risks related to carrying out activities in the Arctic, the theme of ‘responsibility and liability’ calls for attention. The aim of this book is to explore these responsibility and liability issues.
近年来,北极问题备受关注。因此,随着北极气候变暖,新的商业机会出现了。陆上和海上活动都是如此。对于石油公司来说,能够开采北冰洋假定的巨大石油储量的前景引起了他们的考虑。此外,陆上采矿也引起了人们的兴趣。在格陵兰,这包括稀土矿物的开采,其中一些只能通过生产铀作为副产品来提取。离岸和在岸业务活动都将产生一些相关活动来支持主要活动。利用从欧洲到亚洲的较短的北极航线的海上运输部门的普遍利益也是如此。此外,旅游业有潜力成为北极地区蓬勃发展的产业。因此,在更普遍的层面上,预计该区域对商品、服务和劳动力的需求将会增加。总体而言,气候变化已使人们预期私营企业在北极的活动水平将不断提高。然而,随着活动量的增加,出现问题的风险也会增加。由于各种原因,在北极实现这种风险可能比在其他地方实现类似风险造成更大的破坏。因此,在许多北极地区,当地小社区的经济生存依赖于为居民创造就业和财富的投资项目的成功。如果投资出错并以失败告终,这不仅会对投资者,而且会对整个社会产生深远的负面影响。同样,北极海上石油污染的后果可能比其他地方类似事故的后果影响深远得多。例如,一个简单的事实是,北极水域的石油污染的影响将比其他地方的石油污染的影响持续更长时间,因为石油在寒冷的北极水域不像在其他地方那样容易溶解。此外,北极的大片地区人烟稀少,许多地区无人居住,极其难以到达。因此,预防、限制和清理这类事件提出了特殊的挑战。鉴于实现北极活动相关风险的规模和潜在影响,“责任和责任”这一主题值得关注。本书的目的是探讨这些责任和责任问题。
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引用次数: 0
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TransportRN: Maritime Transportation (Topic)
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