Hermeneutics of the international uniform commercial law

Abstract

This article tries to clarify the peculiarities that may be applied to the methods of interpretation of norms when these must be used to interpret the instruments of Uniform International Commercial Law. These peculiarities of interpretation may be applied as a consequence of the mandate of autonomous interpretation of Uniform Commercial Law. This mandate is literally expressed in conventions and model laws of UNIDROIT and UNCITRAL. This mandate tries to avoid the homeward trend of interpreters, because if interpreters follow their own national law principles, it would be impossible to achieve a truly international commercial law. In particular, literal interpretation must take into account more than one official text of the instrument. Systematic interpretation must be applied only in the four corners of the text interpreted, whithout considering the rest of the national law of the interpreter. Historical interpretation must consider the travaux preparatoires of the UNIDRIOIT and UNCITRAL working groups and commissions, and the officcial records of the debates of the conferences approving international conventions, as well. Sociological interpretation has to consider the international character of the instrument, the specific market and country where the norm must be applied. Finally, teleological interpretation must always take into account the good faith principle in the application of the norm, and its international character. As a consequence, the interpreter must consider not only national case law, but also foreign cases, even arbitral awards. They are not to be considered as precedents, but the auctoritas of their arguments are relevant. By the same reason, scholarly writings and UNIDROIT Principles are relevant interpretative instruments, as well.