Elektroniska konossement - Är Sverige med på båten? En studie av möjligheterna till införande av elektroniska konossement i Sverige

Abstract

This paper aims to analyze the legal functions and characteristics of bills of lading in their basic form to examine the legal framework for the adoption of electronic bills of lading under Swedish law. With a comparative analysis against English law, particular attention is given to the 'document of title' function. This has been claimed to pose challenges in the transition to electronic bills of lading. While Swedish law presents potential parallels, critical aspects like negotiability and indirect possession require resolution. It analyzes international regulations such as the Rotterdam Rules and Model Law, addressing challenges and potential solutions for digitalization. The study explores practical solutions and industry perspectives through qualitative methods. The study highlights industry attitudes towards digitalization, emphasizing the importance of legal support, standardization, and technological solutions. Despite complexities and cultural gaps between law and technology, the paper suggests that electronic bills of lading are feasible under Swedish law with further legal clarification and industry collaboration, paving the way for digitalization in maritime trade.