Under the existing legal system for the international carriage of goods by rail,the non-transferability of railway cargo transport documents has restricted the development of international trade and financing of goods based on rail-way transport.The existing system of international railway cargo transport documents should be reformed,allowing the re-cord of consignee of railway waybill to be named or unnamed,tolerating the type of transport document which can be"non-negotiable"or"negotiable",opening legal space for"negotiable"consignment notes.This reform is not only in line with the principle of party autonomy and economic autonomy,but also with the overall trend of flexibility in the field of in-ternational transport documentary legislative rules.In terms of the reform path,it is not advisable to create a new interna-tional treaty from scratch,which would make the rules of international railway transport even more fragmented;nor is it ap-propriate to give the documentary evidence in rem effect to transport documents in the field of transport law.The focus of the reform of the rules of international railway cargo transport documents should be the amendment of the relevant provisions of Agreement Concerning International Carriage of Goods by Rail and Convention concerning International Carriage by Rail.As a member of Agreement Concerning International Carriage of Goods by Rail,China may consider submitting proposals for amending relevant rules to OSJD.At the same time,we may use cooperation platforms such as OTIF and GMRA to promote the reform of the international railway cargo transportation document system.
international railway freight transport documenttransfer of transport documentcarriage contractdocu-ment of titledocument of claim
万方数据
