《联合国可转让货物单证公约》审议通过 填补国际规则空白 便利跨境融资

Core Viewpoint - The United Nations General Assembly has approved the "Convention on Transferable Transport Documents" (NCD Convention), initiated and led by China, marking China's first international convention in the transportation sector, which addresses the legal gap in financing and trading transport documents beyond maritime bills of lading [1][2]. Group 1: Key Aspects of the NCD Convention - The convention establishes a unified legal framework for various transport modes, including road, rail, air, and sea, through the creation of "transferable transport documents" [1][2]. - It clarifies that transport documents issued under the convention possess property rights attributes, providing robust legal protection for the transfer and financing of goods in cross-border trade [1][2]. - The convention is compatible with electronic document formats, facilitating the digital transformation of global trade [1]. Group 2: Financial Implications and Demand - There is a growing financial demand for granting property rights attributes to railway transport documents, particularly with the rapid increase in the use of China-Europe Railway Express under the Belt and Road Initiative [2]. - Chinese enterprises in Chongqing and Sichuan have creatively explored financing practices using railway waybills in international trade with European partners, but have faced limitations due to the lack of international rules [2]. - In 2019, China proposed the legislative suggestion for the NCD Convention at the UN Commission on International Trade Law to address the property rights issue of cross-border railway waybills [2]. Group 3: Contributions and Innovations - The NCD Convention embodies "Chinese wisdom" in its innovative rule design, with significant contributions from the Chinese delegation during negotiations [3]. - A core provision of the convention, Article 7, outlines the rights of holders of transferable transport documents, reflecting the Chinese delegation's influence in the final drafting process [3]. - The convention represents a significant advancement in China's institutional discourse power in the field of foreign-related legal systems since the 1924 Hague Rules [3].