The Bill of Lading, a Fundamental Piece in the Jigsaw That Is Export Trade

Staffordshire University Law School

Gary Gueye

The Bill of Lading is a fundamental piece in the jigsaw that is export trade

Introduction I. Different types of the Bill of Lading a) Straight Bill of Lading b) Order Bill of Lading c) Bearer Bill of Lading d) Switch Bill of Lading

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II. Functions of the Bill of Lading a) Bill of Lading as a receipt b) Bill of Lading as a document of title c) Bill of Lading as an evidence of a contract of carriage d) Bill of Lading as a contract of carriage

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III. Disadvantages of the Bill of Lading a) Delayed arrival b) High cost c) Fraudulent issuance of the Bill of Lading d) Inaccurate or insufficient information Conclusion References

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Export & International Trade Law

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Dennis Crighton

Staffordshire University Law School

Gary Gueye

Introduction

The term export is derived from the conceptual meaning as to ship the goods and services out of the port of a country. The seller of such goods and services is referred to as an exporter who is based in the country of export whereas the overseas based buyer is referred to as an importer. In International Trade, exports refer to selling goods and services produced in home country to other markets.

Any good or commodity, transported from one country to another country in a legitimate fashion, typically for use in trade. Export goods or services are provided to foreign consumers by domestic producers. Export of commercial quantities of goods normally requires involvement of the customs authorities in both the country of export and the country of import.

Into the export trade, a document has an important place: the Bill of Lading. Indeed, A bill of lading is a document issued by a carrier to a shipper, acknowledging that specified goods have been received on board as cargo for conveyance to a named place for delivery to the consignee who is usually identified. A bill of lading can be used as a traded object.

References: P. Joglekar (Legal service India), Bill of Lading, Carriage of Goods by Sea Act 1971 http://www.legalserviceindia.com/articles.htm Bills of Lading Act 1855 (repealed 16.9.1992) (c. 111) The UK Statute Law Database http://www.statutelaw.gov.uk/content.aspx?LegType=All+Primary&PageNumber=90&NavFr om=2&activeTextDocId=1040590&parentActiveTextDocId=1040590&showAllAttributes=1& hideCommentary=1&suppressWarning=0&versionNumber=1 Bernauw, supra n. 1, at 111 Ray, supra n. 1, at 62 Carr, supra n. 1, at 176-177. Amelia H. Boss, The International Commercial Use of Electronic Data Interchange and Electronic Communication Technologies, 46 Bus. Law. 1787, 1787 (1991), citing, Commission of the European Communities. The legal position of the member States with Respect to Electronic Data Interchange – Final report (Sept. 1989) Sakurai & Yoshida, supra n.1, at 225 Herber, supra n. 1, at 164 Myburgh, supra n. 1, at 255 Boss, supra n. 119, at 1787, citing CEC – Final report Export & International Trade Law 12 Dennis Crighton