ABSTRACT
This chapter presents the central provisions of the Rotterdam Rules (RR) which are novel and at the same time critical for international trade law. The chapter analyses specific provisions of the RR which may have a positive or negative impact on international trade law. It discusses the need for flexibility or legal certainty in the following areas: in getting the transport document so that the seller complies with the sale contract; in controlling the goods to protect the real cargo owner's interests; and in ensuring delivery of the goods to the proper receiver. The unfairness noted for the unpaid documentary shipper/mate's receipt holder stems from the importance attached by the RR to transport documents, divided into negotiable and non-negotiable, thus embracing the current trade division of bills of lading, straight bills of lading and sea waybills. Article 51 of the RR further lays down who may be the controlling party in different circumstances.
