Blockchain and smart contracts in international trade The role of the 2016 UNIDROIT Principles

Abstract

This article analyzes the intersection between blockchain technology, smart contracts, and the 2016 UNIDROIT Principles on International Commercial Contracts, assessing their potential as an adaptable legal framework in response to the challenges of digital commerce. Through systematic interpretation and the examination of cases such as the DAO, the study explores the tension between the rigidity of self-executing instruments and the need for adaptive mechanisms in contexts of uncertainty. The analysis identifies three key legal tools: party autonomy as a foundation for incorporating adaptability; hardship and force majeure clauses as internal corrective mechanisms; and the principles of good faith and cooperation as ethical safeguards against unrestricted automation. Technical solutions are proposed for their effective implemen- tation in digital environments, along with a gradual adoption strategy. In conclusion, the principles function as interpretive guidelines that can be integrated into automated contractual logic, promoting a harmonization that balances technological efficiency with contractual justice.