Overview
- A unique semiotic approach.
- Underscores how our multicultural and multilingual world challenges all practitioners of international law.
- New perspectives on the role of the juridical-diplomatic discourse in constructing an international order.
- Clearly shows shows how the dispute for meaning in a legal context represents not only a semantic problem, but a subtle dispute of world visions.
Part of the book series: Law and Philosophy Library (LAPS, volume 91)
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Table of contents (11 chapters)
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Front Matter
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International Legal Discourse: Legal Culture Building Legal Discourse
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Front Matter
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International Legal Discourse: Legal Culture Building Legal Discourse
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International Legal Discourse: On Diplomatic Discourse and the Legal-Diplomatic Discourse
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Front Matter
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International Legal Discourse: On Diplomatic Discourse And The Legal Diplomatic Discourse
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Back Matter
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The WTO Decision-Making Discourse: the Circumstances of Decision-Making Discourse
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Front Matter
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THE WTO DECISION-MAKING DISCOURSE: The Circumstances Of Decision-Making Discourse
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The WTO Decision-Making Discourse: the Linguistic Context in the Decision-Making Discourse of the Appellate Body
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Front Matter
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THE WTO DECISION-MAKING DISCOURSE: the linguistic context in the decision-making discourse of the appellate body
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Back Matter
Keywords
- Diplomatic negotiations
- International Law
- International treaty
- Interpretation of Treaties
- Law based
- Legal Translation
- Legal cultures
- Legal discourse
- Legal scholars
- Legitimacy of International Law
- Mother tongues
- Multilegal-system
- Multilingual scenario
- National legal systems
- Semiotics of Law
- Theoretical thinking
- WTO’s Appellate Body
About this book
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.
Authors and Affiliations
Bibliographic Information
Book Title: Semiotics of International Law
Book Subtitle: Trade and Translation
Authors: Evandro Menezes de Carvalho
Series Title: Law and Philosophy Library
DOI: https://doi.org/10.1007/978-90-481-9011-9
Publisher: Springer Dordrecht
eBook Packages: Humanities, Social Sciences and Law, Law and Criminology (R0)
Copyright Information: Springer Science+Business Media B.V. 2011
Hardcover ISBN: 978-90-481-9010-2Published: 31 October 2010
Softcover ISBN: 978-94-007-3396-1Published: 01 December 2012
eBook ISBN: 978-90-481-9011-9Published: 23 October 2010
Series ISSN: 1572-4395
Series E-ISSN: 2215-0315
Edition Number: 1
Number of Pages: XXXII, 220
Topics: Theories of Law, Philosophy of Law, Legal History, Private International Law, International & Foreign Law, Comparative Law, Semantics, Philosophy of Language