On The Nature And Application Of The General Principles Of International Commercial Contracts

Unidroit Principles of International Commercial Contracts(hereinafter referred to as "the Principles"),formulated by the International Institute for the Unification of Private Law UNIDROIT,has an important position and role in the field of international trade.As one of the solutions to international trade disputes,the Principles should be taken seriously.There are many theories about the nature of the Principles,which can reflect some features of general principles but are not comprehensive enough.As a matter of fact,the Principles are complex in nature and have many functions,so there are many applicable forms,including as the applicable law of contract and as the tool for legal interpretation or supplement.In practice,there are differences in domestic and overseas,as well as in judicial and arbitration fields.Generally speaking,the acceptance and recognition of the Principles are more in foreign countries than in domestic,and in arbitration than in the judicial field.