Multilingualism in International Law and Institutions
Multilingualism in International Law and Institutions

Author: Mala Tabory

Publisher: Brill Archive

Published: 1980-01-01

Total Pages: 314

ISBN-13: 9789028602106

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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.

Semiotics of International Law
Semiotics of International Law

Author: Evandro Menezes de Carvalho

Publisher: Springer Science & Business Media

Published: 2010-10-23

Total Pages: 242

ISBN-13: 9048190118

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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.

Linguistic Justice
Linguistic Justice

Author: Jacqueline Mowbray

Publisher: OUP Oxford

Published: 2012-10-25

Total Pages: 248

ISBN-13: 0191639729

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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'.

Multilingualism and the Harmonisation of European Law
Multilingualism and the Harmonisation of European Law

Author: Barbara Pozzo

Publisher: Kluwer Law International B.V.

Published: 2006-01-01

Total Pages: 238

ISBN-13: 9041125329

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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

Published: 2022

Total Pages: 361

ISBN-13: 0190855207

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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

Published: 2018-02-08

Total Pages: 247

ISBN-13: 1474292313

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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

Published: 2012-03-08

Total Pages: 665

ISBN-13: 0199572127

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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

Published: 2021-12-15

Total Pages: 312

ISBN-13: 3030845508

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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.

Bilingual Higher Education in the Legal Context
Bilingual Higher Education in the Legal Context

Author: Xabier Arzoz

Publisher: Martinus Nijhoff Publishers

Published: 2012-02-17

Total Pages: 374

ISBN-13: 9004228063

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This book is devoted to complex questions of building and developing legal education in more than one language, through two state languages (French and Dutch in Belgium, German and French in Switzerland, English and French in Canada, Finnish and Swedish in Finland) and/or through the medium of minority or lesser used languages (Basque, Galician, Catalan, Welsh, Romanian). Some states have a long and well-established tradition of bilingual legal education; others have only recently started to develop a legal education system through non-dominant languages; finally, in some other cases only partial bilingual legal education obtains, rather than a fuller model. The volume purports to examine best practices and to draw useful lessons from the experiences of other bilingual societies.

Shallow Equality and Symbolic Jurisprudence in Multilingual Legal Orders
Shallow Equality and Symbolic Jurisprudence in Multilingual Legal Orders

Author: Janny H.C. Leung

Publisher: Oxford University Press

Published: 2019-01-28

Total Pages: 321

ISBN-13: 0190210346

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What challenges face jurisdictions that attempt to conduct law in two or more languages? How does choosing a legal language affect the way in which justice is delivered? Answers to these questions are vital for the 75 officially bilingual and multilingual states of the world, as well as for other states contemplating a move towards multilingualism. Arguably such questions have implications for all countries in a world characterized by the pressures of globalization, economic integration, population mobility, decolonization, and linguistic re-colonization. For lawyers, addressing such challenges is made essential by the increased frequency and scale of transnational legal dealings and proceedings, as well as by the lengthening reach of international law. But it is not only policy makers, legislators, and other legal practitioners who must think about such questions. The relationship between societal multilingualism and law also raises questions for the burgeoning field of language and law, which posits--among other tenets--the centrality of language in legal processes. In this book, Janny H.C. Leung examines key aspects of legal multilingualism. Drawing extensively on case studies, she describes the implications of the legal, practical, and ideological dilemmas encountered in a given country when it becomes bilingual or multilingual, discussing such issues as: how legal certainty and the linguistic ideology of authenticity may be challenged in a multilingual jurisdiction; how courts balance the language preferences of different courtroom participants; and what historical, socio-political and economic factors may influence the decision to cement a given language as a jurisdiction's official language. Throughout, Leung elaborates a theory of "symbolic jurisprudence" to explore common dilemmas found across countries, despite their varied political and cultural settings, and argues that linguistic equality as proclaimed and practiced today is a shallow kind of equality. Although officially multilingual jurisdictions appear to be more inclusive than their monolingual counterparts, they run the risk of disguising substantive inequalities and displacing real efforts for more progressive social change. This is the first book to offer overarching discussion of how such issues relate to each other, and the first systematic study of legal multilingualism as a global phenomenon.