5 Rotterdam Rules: The Dawn of the Next Technological
Revolution
5.1 Digitalisation and Electronic Commerce
The contemporary phenomenon in sea transport and trade is digitalization and
electronic commerce which has ushered in the dawn of the next technological
revolution. Digitalization will create opportunities for entrepreneurs and businesses,
and bring benefits to consumers exemplified by the global growth in e-commerce.
However, many existing practices will be disrupted, such as paper-based shipping
documents given that shipping is notorious for its resistance to new technologies.
Electronic transport documents have been used in shipping practice since 1970,
particularly in liner carriage where transport documents are not always issued.
100
The legal question is whether in sea transport, electronic documents can operate as
equivalent counterparts of paper documents.
101 In order to accommodate today’s
maritime e-commerce, UNCITRAL sought the assistance of the CMI in the drafting
of the Rotterdam Rules, which incorporates electronic transport records. The makers
of the Rotterdam Rules foresaw the impact of electronic documents in maritime trade
and provided for electronic transport records
102 as equivalents to paper transport
documents.
103 However, in chapter 3 of the Rules, inconsistency of categories of
paper-based transport records and their electronic counterparts is evident
104
; there
are three kinds of paper-based shipping documents, but only two kinds of electronic
counterparts. It is apparent that maritime e-commerce has not yet reached a viable
level of technological maturity.
105 The singularity (uniqueness) of transport documents is commercially required and expected by law, because of their roles as
documents of title. So far, this singularity has not been fully achieved under the
technology in existing electronic systems, such as Bolero, ESS-Databridge,
TM
Electronic data exchange systems and the Atlantic Container Line data-freight
system.
106
100 Thomas (2010), pp. 284–294.
101 See further, Wilson (2010), pp. 165–171.
102 See Chapter 3 “Electronic Transport Records’ in the Rotterdam Rules” in Berlingieri (2010);
Thomas (2010); Sturley et al. (2010a, b, c, d); Baatz et al. (2009).
103 Alba (2009), pp. 803, 816 (referring to the Comite Maritime International Rules for Electronic
Bills of Lading and noting that the electronic equivalence approach is a developed but problematic
solution addressing the existing needs of electronic commerce). CMI (n.d.-a), Rules for Electronic
Bills of Lading.
104 Zhao (2016), pp. 1–27.
105 On further implications regarding e-commerce in the shipping industry, see Wilson (2010),
pp. 165–171 (illustrating the electronic bills of lading in the Atlantic container liner data freight
system, the Electronic Data Interchange (‘EDI’) system and the Bolero system).
106 See Wilson (2010), pp. 165–171. Thomas (2010), p. 292.
772
L. Zhao
Revolution
5.1 Digitalisation and Electronic Commerce
The contemporary phenomenon in sea transport and trade is digitalization and
electronic commerce which has ushered in the dawn of the next technological
revolution. Digitalization will create opportunities for entrepreneurs and businesses,
and bring benefits to consumers exemplified by the global growth in e-commerce.
However, many existing practices will be disrupted, such as paper-based shipping
documents given that shipping is notorious for its resistance to new technologies.
Electronic transport documents have been used in shipping practice since 1970,
particularly in liner carriage where transport documents are not always issued.
100
The legal question is whether in sea transport, electronic documents can operate as
equivalent counterparts of paper documents.
101 In order to accommodate today’s
maritime e-commerce, UNCITRAL sought the assistance of the CMI in the drafting
of the Rotterdam Rules, which incorporates electronic transport records. The makers
of the Rotterdam Rules foresaw the impact of electronic documents in maritime trade
and provided for electronic transport records
102 as equivalents to paper transport
documents.
103 However, in chapter 3 of the Rules, inconsistency of categories of
paper-based transport records and their electronic counterparts is evident
104
; there
are three kinds of paper-based shipping documents, but only two kinds of electronic
counterparts. It is apparent that maritime e-commerce has not yet reached a viable
level of technological maturity.
105 The singularity (uniqueness) of transport documents is commercially required and expected by law, because of their roles as
documents of title. So far, this singularity has not been fully achieved under the
technology in existing electronic systems, such as Bolero, ESS-Databridge,
TM
Electronic data exchange systems and the Atlantic Container Line data-freight
system.
106
100 Thomas (2010), pp. 284–294.
101 See further, Wilson (2010), pp. 165–171.
102 See Chapter 3 “Electronic Transport Records’ in the Rotterdam Rules” in Berlingieri (2010);
Thomas (2010); Sturley et al. (2010a, b, c, d); Baatz et al. (2009).
103 Alba (2009), pp. 803, 816 (referring to the Comite Maritime International Rules for Electronic
Bills of Lading and noting that the electronic equivalence approach is a developed but problematic
solution addressing the existing needs of electronic commerce). CMI (n.d.-a), Rules for Electronic
Bills of Lading.
104 Zhao (2016), pp. 1–27.
105 On further implications regarding e-commerce in the shipping industry, see Wilson (2010),
pp. 165–171 (illustrating the electronic bills of lading in the Atlantic container liner data freight
system, the Electronic Data Interchange (‘EDI’) system and the Bolero system).
106 See Wilson (2010), pp. 165–171. Thomas (2010), p. 292.
772
L. Zhao