“Arab tili globallashuv
davrida: innovatsion yondoshuvlar
va
o‘qitish metodikasi”
mavzusidagi xalqaro ilmiy-amaliy anjuman
522
THE IMPORTANCE OF LEGAL TRANSLATION
IN INTERNATIONAL LAW
Safaraliyeva Aziza Ashur qizi
O‘
zDJTU 2-bosqich magistranti
Annotatsiya.
Ushbu maqolada yuridik tarjima va uning xalqaro huquq
hujjatlarini sharhlashdagi roli ham nazariy, ham amaliy nuqtai nazardan k
o‘
rib
chiqilgan. Nazariy jihatlarga kelsak, fuqarolik huquqi va umumiy huquq tizimlari
nuqtai nazaridan huquqiy tarjima, xalqaro huquqda yuridik tarjimaning holati,
sodda til tamoyillari, yuridik s
o‘
zlarning ekvivalentligi haqida s
o‘
z boradi. Shunga
k
o‘
ra, huquqiy tarjima va xalqaro huquq hujjatlarini sharhlash
o‘
rtasidagi
o‘
zaro
bo
g‘
liqlik k
o‘
rib chiqilgan.
Kalit s
o‘
zlar:
Xalqaro huquq, yuridik tarjima, huquqiy atamalar, texnik
atamalar, xalqaro shartnomalar, konseptual asos va maxsus terminologiya.
Аннотация.
В данной статье рассматривается юридический перевод
и его роль в толковании международно
-
правовых документов как с
теоретической, так и с практической точки зрения. Что касается
теоретических аспектов, обсуждаются юридический перевод с точки
зрения систем гражданского и общего права, статус юридического перевода
в международном праве, принципы простого языка и эквивалентность
юридических слов. Соответственно рассматривается взаимосвязь
юридического перевода и толкования международно
-
правовых документов.
Ключевые слова:
международное право, юридический перевод,
юридические термины, технические термины, международные соглашения,
концептуальная основа и специальная терминология.
Annotation.
This article examines legal translation and its role in the
interpretation of international legal documents from both theoretical and practical
perspectives. Regarding the theoretical aspects, legal translation from the point of
view of civil law and common law systems, the status of legal translation in
international law, the principles of plain language, and the equivalence of legal
words are discussed. Accordingly, the interrelationship between legal translation
and interpretation of international legal documents is considered.
Key words:
International law, legal translation, legal terms, technical terms,
international agreements, conceptual framework and special terminology.
Legal translation is a very important topic in the era of globalization; it aims
to make national legal systems more connected to the international standard
through a comparative study of legal terms in different languages. Therefore, legal
“Arab tili globallashuv davrida: innova
tsion yondoshuvlar
va
o‘qitish metodikasi”
mavzusidagi xalqaro ilmiy-amaliy anjuman
523
translation may play a vital role in globalizing local laws by encouraging the use
of standard legal and technical terms. The translation of legal texts of any kind,
from statute laws to contracts to courtroom testimony, is a practice that stands at
the crossroads of legal theory, language theory and translation theory. It has been
advocated that the demand for legal translation is on the increase around the
world owing to globalization and the increased contact and exchange between
peoples and states. The public sector of international law is very different from
the private sector where multinational corporations are the primary actors. In the
public sphere, theprimary actors are states themselves; but a number of
important international organizations also exist. The United Nations obviously
remains the most notable, but it is certainly not the only one. The World Trade
Organization, the International Monetary Fund, and various international
lobbying groups and non-governmental organizations could also benefit from the
use of lawyer-linguists. The United Nations is one of the most well-known users
of translators and interpreters in the legal world. Definitions and concepts
associated with human rights, opinions and understandings vary significantly
from continent to continent and even among seemingly similar countries.
Consider, for example, the definition of a terrorist, which can vary drastically
depending on the region. Opinions in the United States differ markedly from those
in the Middle East and parts of Asia. Lawyer-linguists could help to close this gap
and to achieve mutual understanding that could facilitate a stronger international
legal regime in the future.
Terminological problems in this context epitomize the dilemmas of
articulating international or supranational legal structures for the co-ordination
and harmonization of national policies and legislation. Translators must follow
institutional terminology established to designate univocal shared concepts in all
the official languages, including all kinds of bodies, procedures and technicalities
(e.g., translations of “extended continental shelf” in the law of the sea or “tariff
escalation” in international trade law). Such terms are regarded as the sacrosanct
backbone of the common framework and, as a general rule, they are also
considered authoritative by specialized users outside the organization.
The conceptual framework and specific terminology of each shared system
are reproduced in all its instruments, while other discursive conventions vary by
text typology. For example, negotiated legislative texts are more likely to include
vague language in order to facilitate consensus, with a high degree of hybridity as
a result of multiple input sources in the drafting process. In contrast, style is
generally more coherent in documents drafted by adjudicative bodies, than those
submitted by litigating parties; and references to national legal realities are much
more commonplace in texts of adjudication and monitoring procedures than in
legislative provisions.
The language of international treaties play an important role because they
emdiv and communicate the substance of the agreement. It is not irrelevant
whether a treaty is made in one or several languages, whether the language of the
“Arab tili globallashuv
davrida: innovatsion yondoshuvlar
va
o‘qitish metodikasi”
mavzusidagi xalqaro ilmiy-amaliy anjuman
524
treaty is a third party language for (most of ) the contracting parties or whether
it is in their official language. Even if the restriction of a linguistic regime might be
justified for practical reasons, it might, at the same time, cause practicalproblems
in the case of international treaties which might be applied directly by national
courts and which might confer rights or impose obligations on individuals. Given
the fact that only an authentic language version can be used for authoritative
interpretation, the contracting parties which do not have one of the authentic
languages as their national language or do not understand them might encounter
difficulties in understanding and interpreting a legally binding text; Nevertheless,
these treaties are often translated into the official languages of the contracting
parties and published in the national newspaper of these states when the treaty
concerned is being promulgated. These translations remain non-authentic texts,
i.e. they will not be authoritative for interpretation and mainly serve to ensure the
availability of these texts in the national language. However, their importance
might be crucial because individuals and the national courts of the contracting
party will most probably consult and use these versions when applying treaty
provisions. While the language regime of multilateral treaties is
–
even if
plurilingual
–
rather restricted, bilateral agreements are generally drafted in the
official languages of the two contracting states and are authentic in both or in all
of these languages. In some cases, a “neutral language” is added (usually English
or French), which prevails in the event of diverging texts. Recently, some
countries have begun to conclude tax treaties in English only, even where English
is not the official language of any of the contracting states.
The multilateral and EU systems formalized over the past century did not
emerge and do not develop from a tabula rasa. Since languages shape worldviews,
and legal languages are bound to specific legal traditions, it is often argued that
the conceptual network expressed in the predominant language of interstate
communication can exert a considerable influence on international legal
language. The principle of equal authenticity of the official languages of all
Member States (as opposed to a limited number of languages in other
organizations) and the direct applicability (and enforceability by national courts)
of EU secondary legislation in all the Member States certainly entail a stronger
relationship with the domestic legal systems integrated into the “confederal”
structure. A shared layer of EU law on a wide range of areas of harmonization of
the 28 Member States in 24 languages implies an ambitious commitment to
accountability in multilingualism and a higher risk of linguistic discrepancies.
This contrasts with the more fragmented domestic reception and enforceability
mechanisms of the law generated through intergovernmental organizations, and
their more “global” approach to language policy (six languages for 193 countries
in the case of the U.N., and three languages for 159 WT O Members). From the
point of view of the translator, we examine legal translation within three
interrelated contexts of text production that come into play in the development of
international and supranational law.
“Arab tili globallashuv davrida: innova
tsion yondoshuvlar
va
o‘qitish metodikasi”
mavzusidagi xalqaro ilmiy-amaliy anjuman
525
Another aspect of translation in international law relates to language rights.
There is no agreement, either in state practice or in scholarly literature, on the
objectives of protecting languages or persons speaking that language. There are
nevertheless, three commonly recognized, and partly competing, purposes of the
protection of language rights in international law. They can be summarized as the
preservation of peace and security, the promotion of the fair treatment of
individuals and the preservation of linguistic diversity.
To conclude, the above-mentioned purposes, language rights including the
availability of language support in international criminal proceedings, are of great
importance in international law. Both the right to personal freedom and the right
to a fair trial are futile if the person affected cannot understand the charges raised.
Austria, the European Court of Human Rights ruled that the right to the free
assistance of an interpreter applies not only to oral statements made at the trial
hearing but also to documentary material and pre-trial proceedings.Within the
international war crimes sentencing framework, and for reasons highlighted
above, the linguistic competences of internationally convicted persons need to
play an elevated and more significant role in the enforcement of sentences. On the
other hand, receiving states, in determining the actual prison in which an
internationally convicted person will serve the sentence, have an obligation to
competently assess not only comprehension but the overall linguistic abilities and
corresponding linguistic needs of prisoners at the first point of detention.
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