Language in international treaties: linguistic and cultural challenges in translating and implementing international multilingual treaties

Kakoullis, Emily Julia ORCID: https://orcid.org/0000-0002-0437-9113 2023. Language in international treaties: linguistic and cultural challenges in translating and implementing international multilingual treaties. Cambridge International Law Journal 12 (2) , pp. 235-265. 10.4337/cilj.2023.02.05

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Abstract

Existing research on international human rights law has neglected the issues raised by the domestic translation of multilingual treaties and their implications for implementation. This article addresses that gap. It explores the challenges a central concept to an international multilingual treaty, the UN Convention on the Rights of Persons with Disabilities (CRPD), presented to States Parties when interpreting and translating the CRPD’s novel central concept of disability (Article 1) and the implications this had for the implementation of the CRPD. The CRPD has been described as representing a ‘paradigm shift’ in thinking about disability in international human rights law. At the heart of this shift is a new understanding of the concept of disability. It moves away from a traditional conceptualisation situated in a medical discourse, towards a concept situated in a social contextual discourse, which views persons with disabilities as subjects with human rights equal to all persons. Little research has explored how the CRPD’s central concept translates beyond the anglophone world. This article employs a distinctive approach to legal translation as a cross-cultural transfer or interaction of discourses. It develops a detailed case study of Cyprus based on primary empirical work (semi-structured interviews and document analysis), then compares the challenges faced by Cyprus with the experiences of Greece and Bulgaria, and then considers these in relation to Iceland’s experiences. The article reveals linguistic and cultural challenges and shows their significance for the implementation of the CRPD. It highlights the risks of domestic misinterpretation and mistranslation and identifies three critical factors to reduce these risks for international multilingual treaties. The article contributes to our understanding of the significance of domestic translation of international multilingual treaties and the implications of this for treaty implementation and helps to open a new research agenda around this.

Item Type:	Article
Date Type:	Publication
Status:	Published
Schools:	Cardiff Law & Politics
Publisher:	Edward Elgar Publishing
ISSN:	2398-9181
Date of First Compliant Deposit:	5 October 2023
Date of Acceptance:	24 July 2023
Last Modified:	28 Jun 2024 16:30
URI:	https://orca.cardiff.ac.uk/id/eprint/162990

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