In Search of a Global Theory of Maritime Electronic Commerce: China’s Position on the Rotterdam Rules

Abstract

In drafting the Rotterdam Rules, the UNCITRAL Working Group on Transport Law aimed to create an advanced and uniform law that includes provisions allowing for electronic transport records. They firmly believed that harmonization of international trade law plays a key role in removing the legal barriers that obstruct the flow of international trade. In fostering global economic collaboration on the basis of justice and common goals, the working group was acutely aware of the dynamic complexities in the field of information technology. Regarding electronic transport records, however, the Rotterdam Rules have probably failed to achieve the uniformity and consolidation intended. This article surveys the levels of electronic commerce regulation in China, Hong Kong, the United States and the European Union and shows how different they remain. The electronic commerce statute in each of these jurisdictions has its own policy objectives and regulatory principles, which inevitably affect the application of the Rotterdam Rules in a way that may have no parallel in other jurisdictions. The dissimilar policy orientations and legislative perspectives will continue to hinder, rather than promote, international commerce. Thus, notwithstanding adoption of the Rotterdam Rules in various jurisdictions, its provisions concerning electronic transport records are likely be subject to inconsistent interpretation. The Rotterdam Rules do provide an eminently sensible blueprint for states to start exploring how to further facilitate maritime electronic commerce, but they are only a start.

Keywords: Rotterdam Rules, UNCITRAL, transport law, electronic commerce, uniformity,trade

JEL Classification: K12, K23, K33, L81, L86, L92, O33, 038