The autonomous interpretation method in international law with particular reference to the proposed European Sales Law I

The proposed Common European Sales Law (CESL, COM (2011) 635 final) expressly includes an “autonomous” interpretation standard. The interpretation method is included in three places in the instrument: in the Preamble, Recital 29, the Regulation itself, Article 11, and in the actual sales law, Annex I, Article 4. The term autonomous is used in the Preamble and the Annex I. An autonomous interpretation standard is considered desirable in legal scholarship for the application of international instruments, both in private and public international law. The introduction of this standard in CESL could therefore be an important advancement for the theory and practice of international law. In the following, it will be analysed how this interpretation standard can be defined, how it has evolved in the context of existing international law instruments and what the standard is that CESL legislates.