Multilingualism in International Law and Institutions

Multilingualism in International Law and Institutions
Author: Mala Tabory
Publisher: Brill Archive
Total Pages: 314
Release: 1980-01-01
Genre: Law
ISBN: 9789028602106

NAFTA: Law & Business Review of the Americas provides a medium for understanding & implementing NAFTA. It emphasizes the legal aspects of NAFTA & doing business in the Americas. Coverage also includes the expansion & growth of NAFTA, & the overall impact (business, financial, economic, legal) upon the current three signatories & upon other interested countries in Latin America & elsewhere in the world. The journal is divided into three main sections: (I) Articles; (II) Implementation, covering the way that the United States, Canada, & Mexico are implementing NAFTA; & (III) Beyond NAFTA, which considers the developments occurring elsewhere in Latin & Central America, the Caribbean, & Europe. Topics of particular concern to this journal include free trade, direct investment, licensing, finance, taxation, litigation & dispute resolution, & organizational aspects of NAFTA. Besides the technical, legal pieces, the journal includes various policy oriented articles, economic pieces, & business strategy articles. NAFTA: Law & Business Review of the Americas achieves a unique balance in its coverage between practical & policy implications of NAFTA, covering both matters of immediate interest as well as those relating to reform of legal, business, economic, social, & political structures in the Western world. This approach makes it a valuable resource for both practitioners & academics in the field.

Linguistic Justice

Linguistic Justice
Author: Jacqueline Mowbray
Publisher: OUP Oxford
Total Pages: 248
Release: 2012-10-25
Genre: Law
ISBN: 0191639729

Globalization and migration are producing societies of increasing linguistic diversity. At the same time, English is achieving unprecedented global dominance, smaller languages are becoming 'extinct' at an alarming rate, and ethnic tensions in countries from Belgium to Tibet continue to centre on questions of language. Against this background, the issue of how to ensure justice between speakers of different languages becomes a pressing social concern. Matters of 'linguistic justice' are therefore drawing increasing scholarly attention across a range of disciplines. How does international law contribute to linguistic justice? This book explores that question by conducting a comprehensive, interdisciplinary examination of international law on language, analysing the many disparate fields of international law which affect language use both directly (human rights, cultural heritage laws, and EU legislation, for example) and indirectly (international trade law and international labour standards, among others). Moving beyond the technical analysis of legal provisions, the book explores the conceptual framework which underpins international law on language, unearthing underlying assumptions and ideas about what constitutes a 'just' language policy from a legal perspective. In doing so, the book draws on the methodology of sociologist Pierre Bourdieu, whose ideas of 'habitus' and 'field' offer a way of understanding the changing significance of language to human identity, and the way in which language becomes a focal point for the exercise of social power. This analysis reveals the limitations of contemporary international law on language, and charts a course towards the achievement of greater 'linguistic justice'.

Semiotics of International Law

Semiotics of International Law
Author: Evandro Menezes de Carvalho
Publisher: Springer Science & Business Media
Total Pages: 242
Release: 2010-10-23
Genre: Law
ISBN: 9048190118

Language carries more than meanings; language conveys a means of conceiving the world. In this sense, national legal systems expressed through national languages organize the Law based on their own understanding of reality. International Law becomes, in this context, the meeting point where different legal cultures and different views of world intersect. The diversity of languages and legal systems can enrich the possibilities of understanding and developing international law, but it can also represent an instability and unsafety factor to the international scenario. This multilegal-system and multilingual scenario adds to the complexity of international law and poses new challenges. One of them is legal translation, which is a field of knowledge and professional skill that has not been the subject of theoretical thinking on the part of legal scholars. How to negotiate, draft or interpret an international treaty that mirrors what the parties, – who belong to different legal cultures and who, on many occasions, speak different mother tongues – ,want or wanted to say? By analyzing the decision-making process and the legal discourse adopted by the WTO’s Appellate Body, this book highlights the active role of language in diplomatic negotiations and in interpreting international law. In addition, it also shows that the debate on the effectiveness and legitimacy of International Law cannot be separated from the linguistic issue.

Multilingualism and the Harmonisation of European Law

Multilingualism and the Harmonisation of European Law
Author: Barbara Pozzo
Publisher: Kluwer Law International B.V.
Total Pages: 238
Release: 2006-01-01
Genre: Law
ISBN: 9041125329

As European lawyers dealing with cross-border issues quickly learn, the terms contract, contrat, and contratto signify three very different legal concepts. This illustration highlights the importance of studying the relationships between language and law, particularly in the context of strong pressure from the European Community to harmonise the laws of the Member States a process which appears difficult, if not impossible, unless there is an understanding of the profound differences which exist between the various legal systems, and the development of a common European legal language from the 21 official languages now a feature of the European Union. This admirable collection of essays brings together the work of practitioners and scholars in three fields pertinent to this endeavour: representatives of Community institutions who are involved in drafting, translating, and interpreting multilingual texts; jurists and comparative lawyers from both civil law and common law systems; and researchers in linguistics and language issues. Among the many relevant matters they discuss are the following: terminologies of rights and remedies; the role of the European Court of Justice as interpreter; multilingualism in parliamentary practice; the role of the European Commissions legal revisers; and translation at the European Court of Justice. The essays were originally presented as papers at a conference held in Como in April 2005, organised by the Faculty of Law of the University of Insubria together with the Centro Interuniversitario di Ricerca in Diritto Comparato (Interuniversity Centre for Research in Comparative Law) set up by the Universities of Milan, Bologna and Insubria. This event took place in the context of a research project co-financed by the University of Insubria and the Italian Ministry of Education, University and Research. The particular objective of the conference was to make a comparison between the day-to-day working requirements within the Community institutions, each with its own particular needs, and the longer-term analysis which the academic world could bring to bear on the problems of the translatability of legal terms. As the first in-depth appraisal of this crucial matter, this book cannot fail to find interested readers among all the branches of European law, practitioners and scholars, local and international. It is sure to be a highly valuable resource for many years to come.

Language and Legal Interpretation in International Law

Language and Legal Interpretation in International Law
Author: Anne Lise Kjaer
Publisher: Oxford University Press
Total Pages: 361
Release: 2022
Genre: Language Arts & Disciplines
ISBN: 0190855207

Language and Legal Interpretation in International Law sheds light on the complicated process of language interpretation that adjudicators (judges and arbitrators) and legal practitioners adopt when they act within international legal systems. The book also analyzes the role that language and the diversity of languages and national legal cultures plays in different international legal systems.

Institutional Translation for International Governance

Institutional Translation for International Governance
Author: Fernando Prieto Ramos
Publisher: Bloomsbury Publishing
Total Pages: 247
Release: 2018-02-08
Genre: Language Arts & Disciplines
ISBN: 1474292313

This volume provides a state-of-the-art overview of institutional translation issues related to the development of international law and policies for supranational integration and governance. These issues are explored from various angles in selected papers by guest specialists and findings of a large-scale research project led by the editor. Focus is placed on key methodological and policy aspects of legal communication and translation quality in a variety of institutional settings, including several comparative studies of the United Nations and European Union institutions. The first book of its kind on institutional translation with a focus on quality of legal communication, this work offers a unique combination of perspectives drawn together through a multilayered examination of methods (e.g. corpus analysis, comparative law for translation and terminological analysis), skills and working procedures. The chapters are organized into three sections: (1) contemporary issues and methods; (2) translation quality in law- and policy-making and implementation; and (3) translation and multilingual case-law.

The Oxford Handbook of Language and Law

The Oxford Handbook of Language and Law
Author: Peter Meijes Tiersma
Publisher: Oxford University Press
Total Pages: 665
Release: 2012-03-08
Genre: Language Arts & Disciplines
ISBN: 0199572127

This book provides a state-of-the-art account of past and current research in the interface between linguistics and law. It outlines the range of legal areas in which linguistics plays an increasing role and describes the tools and approaches used by linguists and lawyers in this vibrant new field. Through a combination of overview chapters, case studies, and theoretical descriptions, the volume addresses areas such as the history and structure of legal languages, its meaning and interpretation, multilingualism and language rights, courtroom discourse, forensic identification, intellectual property and linguistics, and legal translation and interpretation. Encyclopedic in scope, the handbook includes chapters written by experts from every continent who are familiar with linguistic issues that arise in diverse legal systems, including both civil and common law jurisdictions, mixed systems like that of China, and the emerging law of the European Union.

Bilingual Study and Research

Bilingual Study and Research
Author: Nicolás Etcheverry Estrázulas
Publisher: Springer Nature
Total Pages: 312
Release: 2021-12-15
Genre: Law
ISBN: 3030845508

This book addresses the importance of bilingualism in legal education. Written by respected experts in the field, it presents reports on bilingual legal education in countries with such diverse cultures and histories as Belgium, Canada, China, the Czech Republic, Finland, France, Germany, Italy, Japan, Mexico, Romania, Singapore, Taiwan and the USA. The findings are also summarized in a General Report that was presented at the 20th IACL General Congress in Fukuoka, Japan.

Language and Translation in International Law and EU Law

Language and Translation in International Law and EU Law
Author: European Union Liaison Committee of Historians. Conference
Publisher:
Total Pages: 171
Release: 2012
Genre:
ISBN: 9789279250224

"Divided into four thematic chapters and supported by two case studies, the study gives an overview of the language regime applied in international fora, presents the language-related aspects of the treaty-making powers of the EU, including the specific translation methods of treaties concluded by the EU and the impact of the terminology of international law on EU legislation, highlights the main regulatory instruments of international law on language rights and identifies the role and nature of linguistic rights, investigates the relationship between linguistic diversity and economic efficiency in view of the smooth functioning of the internal market and in a broader context."--Ed.

Language and Culture in EU Law

Language and Culture in EU Law
Author: Susan Šarčević
Publisher: Routledge
Total Pages: 264
Release: 2016-03-09
Genre: Political Science
ISBN: 1317108000

Written by distinguished legal and linguistic scholars and practitioners from the EU institutions, the contributions in this volume provide multidisciplinary perspectives on the vital role of language and culture as key forces shaping the dynamics of EU law. The broad spectrum of topics sheds light on major Europeanization processes at work: the gradual creation of a neutralized EU legal language with uniform concepts, for example, in the DCFR and CESL, and the emergence of a European legal culture. The main focus is on EU multilingual lawmaking, with special emphasis on problems of legal translation and term formation in the multilingual and multicultural European context, including comparative law aspects and an analysis of the advantages and disadvantages of translating from a lingua franca. Of equal importance are issues relating to the multilingual interpretation of EU legislation and case law by the national courts and interpretative techniques of the CJEU, as well as the viability of the autonomy of EU legal concepts and the need for the professionalization of court interpreters Union-wide in response to Directive 2010/64/EU. Offering a good mix of theory and practice, this book is intended for scholars, practitioners and students with a special interest in the legal-linguistic aspects of EU law and their impact on old and new Member States and candidate countries as well.