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The Rwandan justice system know as Gacaca, originally preserved by word of mouth was revived, documented, tested and used successfully to handle millions of legal cases in the aftermath of the Rwandan genocide against the Tutsi. This monograph begins by depicting the general picture of customary law and ponders on the practical challenges in the production of the modern Gacaca law in three versions: Kinyarwanda, French and English. The author demonstrates that translation involves language use and transfer, as well as communication within a cultural setting. The book amply demonstrates that linguistic, textual, contextual and cultural cues in translation should not be downplayed. It also shows that the cultural turn in translation has transformed and re-conceptualised the translation theory to integrate non-western thought about translation discipline since time immemorial. A major theme within the book is that teranslation as a mediating form between cultures and contexts should not overlook cultural differences because language is a marker of identity.
In this anthology renowned scholars working in the area of legal translation studies (LTS) focus on current issues and challenges in legal translation emerging from today’s globalisation and internationalisation. Considering both theoretical and practical points of view the contributions present interdisciplinary approaches to legal translation dealing with legal systems in national, EU and international settings, and include civil law and common law as well as supranational and private international law. In addition to the historical evolution of legal systems and of legal translation the papers discuss specific features of legal language and challenges in legal translation, as well as new didactic strategies to deal with the future profiles of legal translators.
This Brief explores the issues concerning customary law, traditional knowledge and intellectual property.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
This year marks the twenty-fifth anniversary of the Rwanda genocide. This volume, the product of over 20years of engagement with Rwanda and its diaspora, offers a timely reminder of the necessity of rethinking the genocide’s social history. Examining a range of marginal stories and using Rwanda as a case study, The Marginalised in Genocide Narratives’ analysis of the transformation of genocide into a powerful narrative of a nation establishes an innovative means of understanding the lived spaces of violence and its enduring legacy. In a distinctive approach to the social history of genocide, this book engages with the marginalised; foregrounds genocide’s untold stories; and uses the conceptual framework of the constellation of genocide narratives to create connections among multiple social actors and identify narrative themes that address the unequal power and interdependence of narratives. Adopting a multi-level narrative methodology that addresses the value of multiple narrative framings for understanding genocides, The Marginalised in Genocide Narratives will appeal to students and researchers interested in sociology, conflict and peace studies, history, African studies and narrative research. It may also appeal to policy-makers interested in genocide studies and contemporary social history.
This publication, prepared under the aegis of the WIPO Creative Heritage Project by two external consultants, Ms. Molly Torsen and Dr. Jane Anderson, offers legal information and compiles practical experiences on the management of intellectual property for cultural institutions whose collections comprise traditional cultural expressions. It seeks to respond directly to the needs of cultural institutions and indigenous and traditional communities dealing with the preservation, safeguarding and protection of cultural heritage.
The translation of law has played an integral part in the interaction among nations in history and is playing a greater role in our increasingly interconnected world today. The book investigates legal translation in its many facets as an intellectual pursuit and a profession. It examines legal translation from an interdisciplinary perspective, covering theoretical and practical grounds and linguistic as well as legal issues. It analyses legal translation competence and various types of legal texts including contracts, statutes and multilateral legal instruments, presents a comparative analysis of the Common Law and the Civil Law and examines the case law from Canada, Hong Kong and the European Court of Justice. It attempts to demonstrate that translating law is a complex act that can enrich law, culture and human experience as a whole.
This volume investigates advances in the field of legal translation both from a theoretical and practical perspective, with professional and academic insights from leading experts in the field. Part I of the collection focuses on the exploration of legal translatability from a theoretical angle. Covering fundamental issues such as equivalence in legal translation, approaches to legal translation and the interaction between judicial interpretation and legal translation, the authors offer contributions from philosophical, rhetorical, terminological and lexicographical perspectives. Part II focuses on the analysis of legal translation from a practical perspective among different jurisdictions such as China, the EU and Japan, offering multiple and pluralistic viewpoints. This book presents a collection of studies in legal translation which not only provide the latest international research findings among academics and practitioners, but also furnish us with a new approach to, and new insights into, the phenomena and nature of legal translation and legal transfer. The collection provides an invaluable reference for researchers, practitioners, academics and students specialising in law and legal translation, philosophy, sociology, linguistics and semiotics.
This book promotes discussion and understanding of customary law and explores its continued relevance in sub-Saharan Africa. It considers the characteristics of customary law and efforts to ascertain and codify customary law, and how this body of law differs in content, form and status from legislation and common law.
In Incorporating Indigenous Rights in the International Regime on Biodiversity Protection, Federica Cittadino convincingly interprets the Convention on Biological Diversity (CBD) and its related instruments in light of indigenous rights and the principle of self-determination. Cittadino’s harmonisation of these formally separated regimes serves at least two main purposes. First, it ensures respect for the human rights framework that protects indigenous rights whilst implementing the biodiversity regime. Second, harmonisation allows for the full operationalisation of the indigenous related provisions of the CBD framework that concern traditional knowledge, genetic resources, and protected areas. Federica Cittadino successfully demonstrates that the CBD may allow for the protection of indigenous rights in ways that are more advanced than under current human rights law.