Izvorni znanstveni članak
https://doi.org/DOI 10.21857/m16wjcldl9
Reforming Japanese Law to Introduce Electronic Transport Documents
Souichirou Kozuka
Sažetak
This paper examines Japan’s ongoing reform to introduce electronic bills of lading and situates it within the broader international movement toward digitalisation of trade documents. Recent technological developments, particularly electronic data and distributed ledger systems, have prompted jurisdictions worldwide to adapt their legal frameworks. The United Nations Commission on International Trade Law (UNCITRAL) provides a common reference point for such reforms by adopting the Model Law on Electronic Transferable Records (MLETR). The paper first outlines the characteristics of existing Japanese law on paper bills of lading and identifies the central challenge in transitioning to electronic form, namely the absence of physical possession in the case of an electronic bill of lading. It then explains the solution proposed by Japan’s Legislative Council, which introduces the concept of “control” as a functional equivalent to possession, alongside corresponding notions of electronic delivery and electronic endorsement. It further explores the practical and political background of the reform, highlighting both regional shipping practices
in East Asia and international commitments, particularly within the G7 framework. A comparative analysis with selected jurisdictions, i.e. the United States, the United Kingdom, Singapore, Korea, and France, reveals differences in the legal techniques
adopted despite shared adherence to the principle of functional equivalence. This paper concludes that Japan’s approach is characterised by detailed adaptation of existing rules rather than reliance on general provisions. While consistent with the Model Law on Electronic Transferable Records (MLETR), it reflects distinctive legal traditions and legislative methods, illustrating how global harmonisation coexists with jurisdiction-specific implementation.
Ključne riječi
electronic bill of lading; Model Law on Electronic Transferable Records (MLETR); harmonisation of law; functional equivalence; law reform
Hrčak ID:
353343
URI
Datum izdavanja:
12.11.2026.
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