Interpretation and Gap Filling of the Applicable Law

Abstract This chapter explores the interpretation and gap-filling mechanisms of uniform instruments governing international commercial contracts, particularly the CISG and the PICC. It examines their autonomous and uniform interpretation, emphasizing the principles of international character and good faith, and it analyses the role of case law, scholarly contributions, and comparative law in promoting consistency. The chapter discusses interpretive methods—including textual, systematic, historical, and comparative approaches—and highlights the limits of applying public international law techniques. It also addresses how internal and external gaps are identified and filled, emphasizing the use of general principles underlying the CISG and PICC, and the subsidiary role of domestic law via private international law. Finally, it evaluates the interaction between the CISG and the PICC in gap-filling, noting the autonomy of each instrument and the challenges of using one to supplement the other.