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- Title
The UNIDROIT Principles as a Means to Interpret or Supplement Domestic Law.
- Authors
Meyer, Olaf
- Abstract
Somewhat unexpectedly, the use of the UNIDROIT Principles of International Commercial Contracts as a tool to interpret or supplement domestic law has turned out to be one of their main purposes in practice. This finding is not limited to international arbitration, where tribunals have always been more open to influences from comparative and international law. In fact, even the supreme courts of several countries have corroborated their decisions by pointing at a similar solution in the PICC. For international uniform law, a method of interpretation that includes comparative legal reasoning has long been recognized. For domestic law, on the other hand, such an approach still constitutes a rather new phenomenon, given that prior to 1994 no instrument comparable to the PICC existed. Therefore, all legal systems are faced with the same challenge: to find the link that allows external sets of rules such as the PICC to be used for the construction of domestic law. This article examines the main patterns that have so far been followed by courts and tribunals to justify recourse to the PICC in cases that were governed solely by domestic law.
- Subjects
INTERNATIONAL law; UNITED Nations Convention on Contracts for the International Sale of Goods (1980); ONLINE databases
- Publication
Uniform Law Review, 2016, Vol 21, Issue 4, p599
- ISSN
1124-3694
- Publication type
Article
- DOI
10.1093/ulr/unw051