ON THE ISSUE OF THE MAINTENANCE OF THE LEGAL NATURE OF THE BILL OF LADING IN THE DIGITAL AGE

Korableva Irina Vladimirovna

The article examines the maintenance of the legal nature of the bill of lading when it is converted into electronic form. Attention is drawn to the difficulties with the maintenance of the function as a document of title for the electronic bill of lading. An approach is considered to preserve all the functions of a bill of lading by applying the principle of functional equivalence from the standpoint of the Rotterdam Rules, UNCITRAL model laws, and the BOLERO system. It is concluded that the priority in the development of the legal regulation of electronic bills of lading should be either the improvement of the Rotterdam Rules up to a level that would make them attractive for ratification by the majority of states, or a new international convention that will fix the legal status of an electronic bill of lading from the standpoint of performing all the functions of a paper bill of lading and thereby preserving its legal nature.

Keywords:bill of lading, electronic record, Rotterdam Rules, document of title, principle of functional equivalence, international sea shipping