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."
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