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In current Conventions on the carriage of goods by sea, there is no legal concept of right of control. The United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (“Rotterdam Rules”) has for the first time adopted the concept of the right of control for carriage of goods by sea. However, it is argued that, although there is an analogous right of disposal in non-sea carriage and a right of stoppage in sale of goods, the right of control in the Rotterdam Rules as an assembly of those rights is not an appropriate concept for carriage of goods by sea. By contrast, the approach of legislation on control of goods in the US Uniform Commercial Code (“UCC”) is more feasible for carriage of goods by sea.
I. The Right of Control in the Rotterdam Rules
A. The Rotterdam Rules
Considering some legal issues in terms of maritime transport documents in a new electronic age, in 1996, the Comité Maritime International (“CMI”) and the United Nations Commission on International Trade Law (“UNCITRAL”) started to draft a new Convention