6533b831fe1ef96bd12980c6

RESEARCH PRODUCT

language and law in international business law

subject

description

The relationship between language and law is clearly apparent in international organizations. More specifically, international commercial relations show a field of analysis still remains wide clearing. The choice of language is very widely, in international trade, depending on the wish of the parties. The question of free choice is central to the study of the relationship between language and law. But the choice of language is often done without consideration of legal risks, particularly the consequences as regards the implementation and interpretation of the contract. The language issue is generally treated only as incidental, accidental, although it is necessary to comply with a certain number of principles, such as the right to fair trial. It is therefore required to consider the difficulty to express with legal language related to national cultures, a uniform law, particularly as regards international trade. Therefore, tools are available to the lawyer. First, techniques of translation and even co-drafting, legal texts must be exploited to serve the objectives of the formulation of the rule of law, particularly when developing a uniform law. It is all the more necessary that international trade law see the emergence of autonomous concepts, initially difficult to define and formulate with the legal system and the national language and thus related to national culture.