Author
Dr Unho Lee
Organisation/Institution
Kyushu University, Faculty of Law
Country
JAPAN
Panel
Maritime Law
Title
Choice of Law for Electronic Bills of Lading: A Comparative Study of China, Japan, and Korea Toward Harmonization
Abstract
The rapid digitalization of maritime trade has accelerated the adoption of electronic bills of lading (e-BLs), yet their use raises complex private international law questions that remain unresolved across jurisdictions. This paper examines the choice of law rules applicable to electronic bills of lading in China, Japan, and Korea, three major East Asian maritime nations whose legal systems share similar structural features but differ in key doctrinal and regulatory aspects. Through a comparative analysis, the study investigates how each jurisdiction determines the governing law for (i) the contract of carriage embodied in the e-BL, (ii) the electronic transferable record created through platform rulebooks, and (iii) proprietary and enforcement issues relating to the goods. The paper highlights that all three jurisdictions recognize party autonomy and apply the law of the characteristic performer—the carrier—in the absence of agreement. However, divergences arise regarding the treatment of electronic transferable records, the role of mandatory maritime legislation, and the extent to which platform rulebooks influence choice-of-law outcomes. Particular attention is given to the tension between contractual governing-law clauses and the application of lex fori and lex situs in enforcement against goods, a practical issue increasingly significant in digital trade. By examining convergences and divergences in these three systems, the paper evaluates whether regional harmonization is feasible and desirable in light of current developments, including the UNCITRAL Model Law on Electronic Transferable Records (MLETR) and ongoing digital-trade initiatives in East Asia. The study argues that greater harmonization of choice-of-law rules for e-BLs would enhance legal certainty and operation of e-BL systems while supporting interoperability among various platforms.
Biography
Lee Unho (Peter) is a lecturer of international business law at the faculty of law in Kyushu University, Japan. Peter received his LL.M. and LL.D. from Kyushu University in 2013 and 2017, respectively, under the MEXT (Japanese Government) scholarship. He also completed a research course on maritime commercial law at Korea University, South Korea, in 2021. He currently teaches at both the undergraduate school (e.g. International Transaction Law) and the graduate level (LL.M.) (e.g. HCCH Conventions). Recently, he has also begun teaching International Maritime Law, succeeding Emeritus Professor Časlav Pejović in the same university. His research interests center on the evolving legal frameworks governing the maritime sector in response to technological change, particularly in relation to electronic bills of lading, carriage of goods by sea, and questions of international jurisdiction. His recent publications include: UK Electronic Trade Documents Act 2023: Towards the Legal Recognition in Transnational Commerce (2025); Direction and Analysis of Electronic Bill of Lading Legislation of Major Countries, Focusing on the UK and Japan (2023, in Korean); and Recognition and Enforcement of Foreign Judgments in South Korea (2019). He is a member of Maritime Law Associations in Japan and Korea.
