Search results for: legal translation

Authors: Bahia Braktia, Ahlem Ghamri

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Years ago, faculties and administrators realized that students entering college were not prepared for the academic sphere; however, as a type of collaborative learning, peer-review gave students a social context in which they could learn more efficiently. Peer-review has proven its effectiveness in higher education. Numerous studies have been conducted on peer review and its effects on the quality of students’ writing, and several publications recommended peer-review as part of the feedback process. Student writers showed a tendency towards making significant meaning-level revisions and surface-level revisions. Last but not least, studies reported that peer-review helps students develop their self-assessment skills as well as critical thinking. The use of peer-review has become well known and widely adopted to the L2 classroom environment. However, little is known about peer review on translation students. The purpose of this study was to investigate the students' perspective on peer-review, and whether this method affected the quality of their translation. A mixed method design was adopted. Students were requested to translate two texts from Arabic into English, and they gave and received structured feedback to their classmates' translations. A survey was administered, followed by semi-structured interviews, to examine the students' attitudes toward peer-review. The results of the study showed that peer-review was considered a good proofreading method for most students. The students also showed a positive attitude toward it, and they reported that they benefited from the interaction with their peers. The findings implied that the inclusion of peer-review can be an effective pedagogical practice for teaching translation and writing to foreign language learners.

Keywords: language teaching, feedback, peer-review, translation

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Authors: Lopamudra Malek

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Bangladesh continues a compacted bilateral relationship with Japan since 1971, but the seed of this vital relationship had been sown much earlier in 1863 when MadhushudhonMukhapaddhay translated Commodore Mathew’s book, and the seed was nourished and nurtured by Rabindranath and other writers by translating Japanese literature in Bengali. Sano Jinnotsuke translated Rabindranath’s novel ‘Gora’ in 1924. Concentrating on formal literary translation, Jyotirmoy Mukhopadhyay, Jalal Ahmed continued to translate important novels, short poems, and short stories as well. Kyoko Niwa - GouriAiyub and Monjurul Huq and Swandip Tagore had translated one of the master pieces of Matsuo Basho and 万葉集. Gita A. Keeni has translated few stories from Kenji Miyazawa and in contemporary literature, Abhijit Mukherjee translating Yukio Mishima and Haruki Murakami in Bengali language.

Keywords: literary translation, bengali, Japanese, book

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Authors: M. Shahadat Hossain

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People experiencing economic disadvantages have limited access to justice system. Employment status is a key indicator of economic disadvantage. There is a link between employment status and vulnerability to legal problems. This paper addresses the obstacles unemployed people experience to secure justice in Australia. This paper further explores exiting services for economically disadvantaged people to secure justice where these unemployment people can get access. It reveals that unemployed people are vulnerable to multifaced crime and violence. Due to high cost of legal services, these unemployed people are unable to afford legal services to access justice. They are often found higher levels of nonactions in terms of access to justice also due to lack of their initiatives. This paper further reveals that legal aid commissions are state and territory statutory agencies in Australia which provide free legal information, advice, duty lawyers, and legal representation services. Community legal centres are independent, non-profit government organizations with a focus of early advice, problem solving, and working with other agencies to address connected, financial, and health problems. Moreover, the private profession helps people who cannot afford to pay for a lawyer in several ways. But there are problems of shortage of funding for these legal services and making available to economically disadvantaged people. However, this paper argues that people experiencing long-term unemployment face barriers to secure justice due to their economic disadvantages. It further argues that services available for them to access to justice is inadequate.

Keywords: economic disadvantages, unemployment, access to justice, Australia

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Authors: Theresia Simatupang dan Rahmayanti

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Tax Law is a legal product and therefore should be subject to the legal norms, both about this actions, implementation, and about the material. Law has always aimed at providing justice, and besides that the law as a tool used to organize the order or rule of law. tax classification of a crime in this is very necessary, because the crime of taxation is very detrimental to the country and is still very high in society and socialization associated with punishment in sentencing that would have to provide a deterrent for the perpetrators, so refer to the this, these criminal offenses can endanger the stability of the nation's economy and the country that require special snacks. The application of legal sanctions against the perpetrators of the crime of taxation already has a strong legal basis, namely UU KUP. UU KUP have loaded threat (sanctions) severe punishment for tax payers who commit offenses and crimes in the field of taxation, which is contained in Article 38, and Article 39, Article 41, Article 41 A, and 41 B as well as Article 43 of Law and Law No. 12 KUP about 1985 Land Tax and Building. Criminal sanctions against violators of the tax provision are important because tax payers sanctions for violating tax laws.

Keywords: accountability, tax crime, criminal liability, taxation

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Authors: Ezzeldin M. T. Ali

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Arguably viewers hardly benefit from screen subtitles due to the inconsistency between scenarios and their subtitles. Research in this area will provide an understanding of the association between these scenarios and subtitles via context. It attempts to eliminate the inconsistency existing between contexts and screen subtitles providing insights into the problem. Specifically, the study aims at examining the extent to which the understanding of screen subtitles largely depends on the force of linguistic and situational contexts. This is because the context is assumed to have a powerful effect on the interpretation of the source text. Both descriptive and experimental methods were adopted for data collection. These included a test and paper-pencil-questionnaires where participants provided their impressions about the role of context in eliminating interpretation problems of screen subtitles. Participants developed a good background about screen subtitles watching films. Results showed that context forms a powerful element in understanding screen subtitles. Results also revealed that communicative translation fits well screen translation boosting the contextual meaning. The association of context and communicative translation makes subtitles globally more economical and intelligible. Context forms a central element for film language to be intelligible.

Keywords: communicative translation, context, scenario, powerful, intellgible

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Authors: Yan Yue

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Huang Di Nei Jing (HDNJ) is one of the significant traditional Chinese medicine (TCM) classics which lays the foundation of TCM theory and practice. It is an important work for the world to study the ancient civilizations and medical history of China. Language in HDNJ is highly concise and vague, and notably challenging to translate. This paper investigates the translatability of one particular vagueness in HDNJ: the conceptual vagueness which carries the Chinese philosophical and cultural connotations. The corpora tool Sketch Engine is used to provide potential online contexts and word behaviors. Selected two English translations of HDNJ by TCM practitioner and non-practitioner are used to examine frequency and distribution of linguistic features of the translation. It was found the hypothesis about the universals of translated language (explicitation, normalisation) is true in one translation, but it is on the sacrifice of some original contextual connotations. Transliteration is purposefully used in the second translation to retain the original flavor, which is argued as a violation of the principle of relevance in communication because it yields little contextual effects and demands more processing effort of the reader. The translatability of conceptual vagueness in HDNJ is constrained by source language context and the reader’s cognitive environment.

Keywords: corpus-based translation, translatability, TCM classics, vague language

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Authors: Yogendra Sisodia

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Researchers are becoming more interested in extracting useful information from legal documents thanks to the development of large-scale language models in natural language processing (NLP), and deep learning has accelerated the creation of powerful text mining models. Legal fields like contracts benefit greatly from semantic text search since it makes it quick and easy to find related clauses. After collecting sentence embeddings, it is relatively simple to locate sentences with a comparable meaning throughout the entire legal corpus. The author of this research investigated two pre-trained language models for this task: MiniLM and Roberta, and further fine-tuned them on Legal Contracts. The author used Multiple Negative Ranking Loss for the creation of sentence transformers. The fine-tuned language models and sentence transformers showed promising results.

Keywords: legal contracts, multiple negative ranking loss, natural language inference, sentence transformers, semantic textual similarity

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Authors: S. Sundarasen, I. Ibrahim

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This study examines whether the legal origin of a country alters the association between corruption and corporate performance in the East Asia and South East Asia Region. A total of 18,286 companies from 14 countries in the East Asia and South East Asia Region are tested using Generalized Least Square (GLS) panel and pool data analysis with the cross-section being the income level. The data is further analyzed in terms of high income, upper middle income and low-income countries within the East and South Asia region. The empirical results indicate that legal origin positively moderates the relationship between a country’s corruption level and firm performance. As for the sub-analysis, legal origin positively moderates only in the high and upper middle-income countries. As for the low-income countries, no significance is documented in both the common and civil law.

Keywords: corruption, performance, legal origin, East Asia and South East Asia Region

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Authors: Nuray Gökçek Karaca

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This study aims to examine the application of occupational health and safety supervision in Turkey and EU countries in terms of legal regulations. The results of research reveal that occupational health and safety supervision in EU countries, whatever the understanding of welfare state, is effectively carried out and almost all legal regulations on this subject are consistent with the EU directives. On the other hand, there are serious problems in applications, not legal regulations, of occupational health and safety supervision in Turkey by the side of EU countries. Indeed, Turkey has modern regulations on occupational health and safety supervision whereas there are several problems such as ignoring prevention policy on occupational health and safety supervision, understanding of monotype inspector, problems resulting from this understanding and dispersed structure of occupational health and safety organizations in workplaces. As a result, Turkey needs to carry out effective supervision mechanisms.

Keywords: legal rules, occupational health and safety, inspection, supervision, legislation

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Authors: Ifeoluwa Omotehinse Oloruntoba

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Through comparative and causal models of translation, this paper examined the translation of ‘bread’ into the Yoruba language in three Yoruba versions of the Bible: Bibeli Yoruba Atoka (YBA), Bibeli Mimo ni Ede Yoruba Oni (BMY) and Bibeli Mimo (BM). In biblical times, bread was a very important delicacy that it was synonymous with food in general and in the Bible, bread sometimes refers to a type of food (a mixture of flour, water, and yeast that is baked) or food in general. However, this is not the case in the Yoruba culture. In fact, some decades ago, bread was not known in Nigeria and had no name in the Yoruba language until the 1900s when it was codified as burẹdi in Yoruba, a term borrowed from English and transliterated. Nevertheless, in Nigeria presently, bread is not a special food and it is not appreciated or consumed like in the West. This makes it difficult to translate bread in the Bible into Yoruba. From an investigation on the translation of this term, it was discovered that bread which has 330 occurrences in the English Bible translation (King James) has few occurrences in the three Yoruba Bible versions. In the first version (YBA) published in the 1880s, where bread is synonymous with food in general, it is mostly translated as oúnjẹ (food) or the verb jẹ (to eat), revealing that something is eaten but not indicating what it is. However, when the bread is a type of food, it is rendered as akara, a special delicacy of the Yoruba people made from beans flour. In the later version (BMY) published in the 1990s, bread as food, in general, is also mainly translated as oúnjẹ or the verb jẹ, but when it is a type of food, it is translated as akara with few occurrences of burẹdi. In the latest edition (BM), bread as food is either rendered as ounje or literally translated as burẹdi. Where it is a type of food in this version, it is mainly rendered as burẹdi with few occurrences of akara, indicating the assimilation of bread into the Yoruba culture. This result, although limited, shows that the Bible was translated into Yoruba to make it accessible to Yoruba speakers in their everyday language, hence the application of both domesticating and foreignising strategies. This research also emphasizes the role of the translator as an intermediary between two cultures.

Keywords: translation, Bible, Yoruba, cultural problems

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Authors: Vandana Kumari

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One of the most ancient and detailed legal codes proclaimed the Babylonian King Hammurabi during his reign in the erstwhile Mesopotamian society, provides a fascinating account of the social and justice system of Babylon. The 282 laws intricately carved on eight feet black stone stela serve as an important source of contemporary commercial, family and criminals laws. This paper attempts an inquiry into the contemporary relevance of this legal code to our current legal system. An exhaustive study of one of ancient legal system based on a series of practical experiences rather than being founded on mere theoretical ideologies can be assumed pertinent to the promulgation of practically viable laws in our country. The first chapter of the paper focuses on law seven which established the rules of commerce and the role of government in overseeing justice and honesty regarding the law of property. The second chapter deals with the laws of family, marriages, divorce and adoption prevailing in the Babylonian era. The third chapter traces the earliest known history of criminal jurisprudence which impregnated the principle of an eye for an eye. The paper is not merely a theoretical account of the Mesopotamian way of living but a novice attempt to discover the roots of Indian laws in the ruins of the courtrooms of the Hammurabi Empire.

Keywords: Babylonian legal system, Contemporary relevance, criminal jurisprudence, Hammurabi Code

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Authors: Juliana C. Salvadori, Jose Carlos Felix

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This paper aims at discussing the role literary translation has played in Brazilian Concrete Poetry Movement – an aesthetic, critical and pedagogical project which conceived translation as poiesis, i.e., as both creative and critic work in which the potency (dynamic) of literary work is unfolded in the interpretive and critic act (energeia) the translating practice demands. We argue that translation, for concrete poets, is conceived within the framework provided by the reinterpretation –or deglutition– of Oswald de Andrade’s anthropophagy – a carefully selected feast from which the poets pick and model their Paideuma. As a case study, we propose to approach and analyze two of Augusto de Campos’s long-term translation projects: the translation of Emily Dickinson’s and E. E. Cummings’s works to Brazilian readers. Augusto de Campos is a renowned poet, translator, critic and one of the founding members of Brazilian Concrete Poetry movement. Since the 1950s he has produced a consistent body of translated poetry from English-speaking poets in which the translator has explored creative translation processes – transcreation, as concrete poets have named it. Campos’s translation project regarding E. E. Cummings’s poetry comprehends a span of forty years: it begins in 1956 with 10 poems and unfolds in 4 works – 20 poem(a)s, 40 poem(a)s, Poem(a)s, re-edited in 2011. His translations of Dickinson’s poetry are published in two works: O Anticrítico (1986), in which he translated 10 poems, and Emily Dickinson Não sou Ninguém (2008), in which the poet-translator added 35 more translated poems. Both projects feature bilingual editions: contrary to common sense, Campos translations aim at being read as such: the target readers, to fully enjoy the experience, must be proficient readers of English and, also, acquainted with the poets in translation – Campos expects us to perform translation criticism, as Antoine Berman has proposed, by assessing the choices he, as both translator and poet, has presented in order to privilege aesthetic information (verse lines, word games, etc.). To readers not proficient in English, his translations play a pedagogycal role of educating and preparing them to read both the target poet works as well as concrete poetry works – the detailed essays and prefaces in which the translator emphasizes the selection of works translated and strategies adopted enlighten his project as translator: for Cummings, it has led to the oblieraton of the more traditional and lyrical/romantic examples of his poetry while highlighting the more experimental aspects and poems; for Dickinson, his project has highligthed the more hermetic traits of her poems. To the domestic canons of both poets in Brazilian literary system, we analyze Campos’ contribution in this work.

Keywords: translation criticism, Augusto de Campos, E. E. Cummings, Emily Dickinson

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Authors: Miho Yamashita

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In recent years, there have been attempts to introduce Machine Translation (MT) into foreign language teaching, especially in writing instructions. This is because the performance of neural machine translation has improved dramatically since 2016, and some university instructors started to introduce MT translations to their students as a "good model" to learn from. However, MT is still not perfect, and there are many incorrect translations. In order to translate the intended text into a foreign language, it is necessary to edit the original manuscript written in the native language (pre-edit) and revise the translated foreign language text (post-edit). The latter is considered especially difficult for users without a high proficiency level of foreign language. Therefore, the author allowed her students to use MT in her writing class in one of the private universities in Japan and investigated 1) how groups of students with different English proficiency levels revised MT translations when translating Japanese manuscripts into English and 2) whether the post-edit process differed when the students revised alone or in pairs. The results showed that in 1), certain non-post-edited grammatical errors were found regardless of their proficiency levels, indicating the need for teacher intervention, and in 2), more appropriate corrections were found in pairs, and their frequent use of a dictionary was also observed. In this presentation, the author will discuss how MT writing instruction can be integrated effectively in an aim to achieve multimodal foreign language education.

Keywords: machine translation, writing instruction, pre-edit, post-edit

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Authors: Ana Sofia Saldanha

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The answer is yes. Globalization is changing the translation world day after day, year after year. The need to know more about new technologies, clients, companies, project management and social networks is becoming more and more demanding and increasingly competitive. The great majority of the recently graduated Translators do not know where to go, what to do or even who to contact to start their careers in translation. It is well known that there are innumerous webinars, books, blogs and webpages with the so-called “tips do become a professional translator” indicating for example, what to do, what not to do, rates, how your resume should look like, etc. but are these pieces of advice coming from real translators? Translators who work daily with clients, who understand their demands, requests, questions? As far as today`s trends, the answer is no. Most of these pieces of advice are just theoretical and coming from “brilliant minds” who are more interested in spreading their word and winning “likes” to become, in some way, “important people in some area. Mentoring is, indeed, a highly important tool to help and guide new translators starting their career. An effective and well oriented Mentoring is a powerful way to orient these translators on how to create their resumes, where to send resumes, how to approach clients, how to answer emails and how to negotiate rates in an efficient way. Mentoring is a crucial tool and even some kind of “psychological trigger”, when properly delivered by professional and experienced translators, to help in the so aimed career development. The advice and orientation sessions which can bem 100% done online, using Skype for example, are almost a “weapon” to destroy the barriers created by opinions, by influences or even by universities. This new orientation trend is the future path for new translators and is the future of the Translation industry and professionals and Universities who must update their way of approaching the real translation world, therefore, minds and spirits need to be opened and engaged in this new trend of developing skills.

Keywords: mentoring, orientation, professional follow-up, translation

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Authors: Ammar Younas

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This paper is an attempt to explore the legal progression in procedural laws related to “intellectual property protection for the autonomous output of artificial intelligence” in Post-Colonial, Post-Communist and Socialist Countries. An in-depth study of legal progression in Pakistan (Common Law), Uzbekistan (Post-Soviet Civil Law) and China (Socialist Law) has been conducted. A holistic attempt has been made to explore that how the ideological context of the legal systems can impact, not only on substantive components but on the procedural components of the formal laws related to IP Protection of autonomous output of Artificial Intelligence. Moreover, we have tried to shed a light on the prospective IP laws and AI Policy in the countries, which are planning to incorporate the concept of “Digital Personality” in their legal systems. This paper will also address the question: “How far IP of autonomous output of AI can be protected with the introduction of “Non-Human Legal Personality” in legislation?” By using the examples of China, Pakistan and Uzbekistan, a case has been built to highlight the legal progression in General Provisions of Civil Law, Artificial Intelligence Policy of the country and Intellectual Property laws. We have used a range of multi-disciplinary concepts and examined them on the bases of three criteria: accuracy of legal/philosophical presumption, applying to the real time situations and testing on rational falsification tests. It has been observed that the procedural laws are designed in a way that they can be seen correlating with the ideological contexts of these countries.

Keywords: intellectual property, artificial intelligence, digital personality, legal progression

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Authors: Aulia Rosa Nasution

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This research aims to analyze the involvement of the Indonesian Armed Forces in overcoming terrorism acts under legal perspectives based on Acts No. 34 of 2004, which regulates the role and mechanism of the Indonesian Armed Forces in combating terrorism. The main question of this research is, firstly, the military authority in combating terrorism acts, secondly, the implementation of Acts Number 34/2000, and thirdly, law enforcement to combat terrorism under national and international law. The methodology of this research is juridical normative based on the legal instruments and legal principles, and international norms. The result of this study explains the involvement of the Indonesian Army in combating terrorism as a part of the nonmilitary operation which has been implemented in Indonesia as part of national defence and security.

Keywords: acts of terrorism, Indonesian armed forces, legal protection

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Authors: Long Kun

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The educated youth(also known as sent-down youth or rusticated youth)novels came into being with China’s movement of the educated youth “going up to the mountains and down to the countryside”(上山下乡运动, also known as the Rustication Movement)during the cultural revolution.1 Since the 1980s, educated youth novels have been gradually translated into the English-speaking world and attracted great attention. As an important part of contemporary Chinese literature, the English translation of educated youth novels provides a platform for English-speaking readers to understand China in the Cultural Revolution, which reflects the social changes of more than 70 years since the founding of New China. At present, there is a lack of systematic research on the translation of educated youth novels in the English-speaking world. This article sorts out and analyzes the dissemination and reception of educated youth novels in the English-speaking world in different periods, providing a further reference for Chinese literature ‘going out’.

Keywords: educated youth novels, english translation, english-speaking world, dissemination, reception

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Authors: Yousef Sahari, Eisa Asiri

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Hollywood films are produced in an open and liberal context, and when subtitling for a more conservative and closed society such as an Arabic society, religious words can pose a thorny challenge for subtitlers. Using a corpus of 90 Hollywood films released between 2000 and 2018 and applying insights from Descriptive Translation Studies (Toury, 1995, 2012) and the dichotomy of domestication and foreignization, this paper investigates three main research questions: (1) What are the dominant religious terms and functions in the English subtitles? (2) What are the dominant translation strategies used in the translation of religious words? (3) Do these strategies tend to be SL-oriented or TL-oriented (domesticating or foreignising)? To answer the research questions above, a quantitative and qualitative analysis of the corpus is conducted, in which the researcher adopts a self-designed, parallel, aligned corpus of ninety films and their Arabic subtitles. A quantitative analysis is performed to compare the frequencies and distribution of religious words, their functions, and the translation strategies employed by the subtitlers of ninety films, with the aim of identifying similarities or differences in addition to identifying the impact of functions of religious terms on the use of subtitling strategies. Based on the quantitative analysis, a qualitative analysis is performed to identify any translational patterns in Arabic translations of religious words and the possible reasons for subtitlers’ choices. The results show that the function of religious words has a strong influence on the choice of subtitling strategies. Also, it is found that foreignization strategies are applied in about two-thirds of the total occurrences of religious words.

Keywords: religious terms, subtitling, audiovisual translation, modern standard arabic, subtitling strategies, english-arabic subtitling

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Authors: L. Edirisinghe, P. Mukherjee, H. Edirisinghe

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Virtual Container Yard (VCY) is a modern concept that helps to reduce the empty container repositioning cost of carriers. The concept of VCY is based on container interchange between shipping lines. Although this mechanism has been theoretically accepted by the shipping community as a feasible solution, it has not yet achieved the necessary momentum among container shipping lines (CSL). This paper investigates whether there is any legal influence on this industry myopia about the VCY. It is believed that this is the first publication that focuses on the legal aspects of container exchange between carriers. Not much literature on this subject is available. This study establishes with statistical evidence that there is a phobia prevailing in the shipping industry that exchanging containers with other carriers may lead to various legal implications. The complexity of exchange is two faceted. CSLs assume that offering a container to another carrier (obviously, a competitor in terms of commercial context) or using a container offered by another carrier may lead to undue legal implications. This research reveals that this fear is reflected through four types of perceived components, namely: shipping associate; warehouse associate; network associate; and trading associate. These components carry eighteen subcomponents that comprehensively cover the entire process of a container shipment. The statistical explanation has been supported through regression analysis; INCO terms were used to illustrate the shipping process.

Keywords: virtual container yard, legal, maritime law, inventory

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Authors: Moh Rizaldi, Ali Abdurachman, Indra Perwira

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The biggest demonstration after the 1998 reforms that took place in Indonesia for several days at the end of 2019 did not eliminate the intention of the People’s Representative Council (Dewan Perwakilan Rakyat or DPR) and the President to enact the law 19 of 2019 (KPK law). There is a central issue to be highlighted, namely whether the change is intended to strengthen or even weaken the KPK. To achieve this goal, the Analysis focuses on two agency principles namely the independent principle and the control principle as seen from three things namely the legal substance, legal structure, and legal culture. The research method is normative with conceptual, historical and statute approaches. The argument from this writing is that KPK Law has cut most of the KPK's authority as a result the KPK has become symbolic or toothless in combating corruption.

Keywords: control, independent, KPK, law no. 19 of 2019

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Authors: Sonia Mannan, M. Jobair Alam

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The concept of palliative care in Bangladesh largely remained limited to the sympathetic caring of patients with a life-limiting illness. Quality of Life (QoL) issues are rarely practiced in Bangladesh. Furthermore, palliative medicine, in the perspective of holistic palliative care service, does not have its proper recognition in Bangladesh. Apart from those socio-medical aspects, palliative care patients face legal issues that impact their quality of life, including access to health services and social benefits and dealing with other life-transactions of the patients and their families (such as disposing of property; planning for children). This paper is an attempt to articulate these legal dimensions of the right to palliative care in the context of Bangladesh. The major focus of this paper will be founded on the doctrinal analysis of the constitutional provisions and other relevant legislation on the right to health and their judicial interpretation, which is argued to offer a meaningful space for the right to palliative care. This paper will also investigate the gaps in the said legal framework to better secure such care. In conclusion, a few recommendations are made so that the palliative care practices in Bangladesh are better aligned with international standards, and it can respond more humanely to the patients who need palliative care.

Keywords: Bangladesh, constitution, legal regime, palliative care, quality of life

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Authors: B. Sayaheen

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The translator’s competence is one of the topics that has received a great deal of research in the field of translation studies because such competencies are still debatable and not yet agreed upon. Besides, scholars tackle this topic from different points of view. Approaches to teaching these competencies have gone through some developments. This paper aims at investigating these developments, exploring the major turning points and shifts in the developments of teaching methods in translator training. The significance of these turning points and the external or internal causes will also be discussed. Based on the past and present status of teaching approaches in translator training, this paper tries to predict the future of these approaches. This paper is mainly concerned with developments of teaching approaches in the West since the 1980s to the present. The reason behind choosing this specific period is not because translator training started in the 1980s but because most criticism of the teacher-centered approach started at that time. The implications of this research stem from the fact that it identifies the turning points and the causes that led teachers to adopt student-centered approaches rather than teacher-centered approaches and then to incorporate technology and the Internet in translator training. These reasons were classified as external or internal reasons. Translation programs in the West and in other cultures can benefit from this study. Translation programs in the West can notice that teaching translation is geared toward incorporating more technologies. If these programs already use technology and the Internet to teach translation, they might benefit from the assumed future direction of teaching translation. On the other hand, some non-Western countries, and to be specific some professors, are still applying the teacher-centered approach. Moreover, these programs should include technology and the Internet in their teaching approaches to meet the drastic changes in the translation process, which seems to rely more on software and technologies to accomplish the translator’s tasks. Finally, translator training has borrowed many of its approaches from other disciplines, mainly language teaching. The teaching approaches in translator training have gone through some developments, from teacher-centered to student-centered and then toward the integration of technologies and the Internet. Both internal and external causes have played a crucial role in these developments. These borrowed approaches should be comprehensively evaluated in order to see if they achieve the goals of translator training. Such evaluation may lead us to come up with new teaching approaches developed specifically for translator training. While considering these methods and designing new approaches, we need to keep an eye on the future needs of the market.

Keywords: turning points, developments, translator training, market, The West

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Authors: William Thomas Worster

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Diplomatic assurances issued by states declaring that they will not mistreat individuals returned to them occupy a strange middle ground between being legal and non-legal obligations. States assert that they are non-binding, yet at other times that they are binding. However, this assertion may not be the end of the discussion. The International Court of Justice and other tribunals have concluded that similar instruments were binding, states have disagreed that certain similar instruments were binding, and the Vienna Convention on the Law of Treaties and its travaux prépératoires do not appear to contemplate non-binding instruments. This paper is a case study of diplomatic assurances but, by necessity, touches on the delicate question of whether certain texts are treaties, promises, or non-binding political statements. International law, and law in general, requires a binary approach to obligation. All communications must be binding or not, even if the fit is not precise. Through this study, we will find that some of the obligations in certain assurances can be understood as legal and some not. We will attempt to state the current methodology for determining which obligations are legal under the law of treaties and law on binding unilateral promises. The paper begins with some background of the legal environment of diplomatic assurances and their use in cases of expulsion. The paper then turns to discuss the legal nature of diplomatic assurances, proceeding to address various possibilities for legal value as treaties and as binding unilateral statements. This paper will not examine the legal value of diplomatic assurances solely under customary international law other than the way in which customary international law might further refine the treaty definition. In order to identify whether any assurances are contained in legal acts, this study identifies a pool of relevant assurances and qualitatively analyzes whether any of those are contained in treaties or binding unilateral statements. To the author’s best knowledge, this study is the first large-scale, qualitative qualitative analysis of assurances as a group of instruments that accounts for their heterogenous nature. It is also the first study to identify the indicators of whether an instrument is a treaty or promise.

Keywords: diplomatic assurances, deportation, extradition, expulsion, non-refoulement, torture, persecution, death penalty, human rights, memorandum of understanding, promises, secret, monitoring, compliance, enforcement

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Authors: Hong Zhang

Abstract:

The main purpose of this study is to show that machine translation (MT) post-editing (PE) training can help our Chinese students learn Spanish as a second language. Our hypothesis is that they might make better use of it by learning PE skills specific for foreign language learning. We have developed PE training materials based on the data collected in a previous study. Training material included the special error types of the output of MT and the error types that our Chinese students studying Spanish could not detect in the experiment last year. This year we performed a pilot study in order to evaluate the PE training materials effectiveness and to what extent PE training helps Chinese students who study the Spanish language. We used screen recording to record these moments and made note of every action done by the students. Participants were speakers of Chinese with intermediate knowledge of Spanish. They were divided into two groups: Group A performed PE training and Group B did not. We prepared a Chinese text for both groups, and participants translated it by themselves (human translation), and then used Google Translate to translate the text and asked them to post-edit the raw MT output. Comparing the results of PE test, Group A could identify and correct the errors faster than Group B students, Group A did especially better in omission, word order, part of speech, terminology, mistranslation, official names, and formal register. From the results of this study, we can see that PE training can help Chinese students learn Spanish as a second language. In the future, we could focus on the students’ struggles during their Spanish studies and complete the PE training materials to teach Chinese students learning Spanish with machine translation.

Keywords: machine translation, post-editing, post-editing training, Chinese, Spanish, foreign language learning

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Authors: Taner Cindik, Ferya Tas Ciftci

Abstract:

Mobbing in the public sector and specific issues (i.e., the demand for non-pecuniary damages) regarding mobbing have become very important in the light of the precedents constituted by the Turkish Council of State in 2010. The legal scope of mobbing is not able to be determined since the concept of mobbing is not defined in Turkish law system. This study aims to reveal three major problems caused by the lack of laws related to mobbing in the Turkish legal system. First, the absence of an arrangement for disciplinary penalties leads that general provisions in the disciplinary law are implemented. This situation, therefore, causes difficulties in practice. Second, not being drawn of the lines in the topic concerning mobbing in public sector leads confusions in being direction of hostility. Third, the fact that there is a legal gap on seeking non-pecuniary compensation when employees in public sector are exposed to mobbing might make it difficult to obtain non-pecuniary compensation. Within the context of these major problems, civil servants in Turkey do not have enough protection mechanism. However, some possible legal arrangements will help civil servants to protect against mobbing. This study may be considered important because of the fact that mobbing in the public sector is at a significant level and has not been evaluated in this context before. This research is mainly a study of Turkish legal system and evaluates critically law case to determine legal problems. As a result of this study, three main problems might be identified because there is legal gap regarding mobbing in the public sector. In conclusion, the introduction of the major problems related to mobbing in this study might shed light on making the proper regulations of this subject in Turkish law system. In this respect, the plaintiff will be provided convenience in the point of non-pecuniary damages and this study will guide the assessment of legal liability of those who implement mobbing.

Keywords: human rights violations, mobbing, public sector, direction of hostility, non-pecuniary compensation, disciplinary law

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Authors: Amy Gooden

Abstract:

Despite its prevalence, direct-to-consumer genetic testing (DTC-GT) remains under-investigated in South Africa (SA), and the issue of regulation is yet to be examined. Therefore, this research maps the current legal landscape relating to DTC-GT in SA through a legal analysis of the extant law relevant to the industry and the issues associated therewith – with the intention of determining if and how DTC-GT is legally governed. This research analyses: whether consumers are legally permitted to collect their saliva; whether DTC-GT are medical devices; licensing, registering, and advertising; importing and exporting; and genetic research conducted by companies.

Keywords: direct-to-consumer genetic testing, genetic testing, health, law, regulation, South Africa

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Authors: B. Unnikrishnan, Tanuj Kanchan, Ramesh Holla, Nithin Kumar

Abstract:

Euthanasia has been debated for the ethical, legal, social, and religious implications associated with it. The present research was conducted to study the perceptions of doctors and nurses about ethical and legal aspects of Euthanasia in Indian scenario. The study was carried out at three tertiary care hospitals of Kasturba Medical College (KMC), Mangalore, India. Practicing doctors and nurses working in the hospitals associated with KMC were included in the study after taking written informed consent from the participants. The data was analyzed using SPSS version 11.5. Mann-Whitney U test was used to compare the responses of doctors and nurses. P-value of <0.05 was taken as statistically significant. A total of 144 doctors and nurses participated in the study. Both doctors and nurses agreed that if a terminally ill patient wishes to die, the wish cannot be honored ethically and legally. A significantly larger number of nurses agreed that patient’s wish for euthanasia cannot be honored ethically and legally when compared to the doctors. Though the doctors and nurses were broadly in agreement with the existing legal and ethical views on the issue, their knowledge on the issue with regard to the legal status of euthanasia in India and ethical aspects relating to it needs to be strengthened.

Keywords: euthanasia, ethical aspects, legal aspects, India

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Authors: Magda Olesiuk-Okomska

Abstract:

The degree of international interdependence has grown significantly. Poland is a party to nearly 1000 binding multilateral treaties, including international legal instruments devoted to criminal matters and obliging the state to penalize certain crimes. The paper presents results of a theoretical research conducted as a part of doctoral research. The main hypothesis assumed that there was a separate category of crimes to penalization of which Poland was obliged under international legal instruments; that a catalogue of such crimes and a catalogue of international legal instruments providing for Poland’s international obligations had never been compiled in the domestic doctrine, thus there was no mechanism for monitoring implementation of such obligations. In the course of the research, a definition of transnational crimes was discussed and confronted with notions of international crimes, treaty crimes, as well as cross-border crimes. A list of transnational crimes penalized in the Polish Penal Code as well as in non-code criminal law regulations was compiled; international legal instruments, obliging Poland to criminalize and penalize specific conduct, were enumerated and catalogued. It enabled the determination whether Poland’s international obligations were implemented in domestic legislation, as well as the formulation of de lege lata and de lege ferenda postulates. Implemented research methods included inter alia a dogmatic and legal method, an analytical method and desk research.

Keywords: international criminal law, transnational crimes, transnational criminal law, treaty crimes

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Authors: Dalia Perkumiene

Abstract:

The process of globalization has several unforeseen negative effects on the quality of the environment, including increased pollution, climate change, and the depletion and destruction of natural resources. The impact of these processes makes it difficult to guarantee citizens' rights to a clean environment, and complex legal solutions are needed to implement this right. In order to implement human rights in a clean and safe environment, international legal documents and court rulings are analyzed. It is important to find a balance between the legal context: the right to a clean environment and environmental challenges such as climate change and global warming. Research Methods: The following methods were used in this study: analytical, analysis, and synthesis of scientific literature and legal documents, comparative analysis of legal acts, and generalization. Major Findings: It is difficult to implement the right to a clean, safe and sustainable environment. The successful implementation of this right depends on the application of various complex ideas and rational, not only legal solutions. Legislative measures aim to maximize the implementation of citizens' rights in the face of climate change and other environmental challenges. This area remains problematic, especially in international law. Concluding Statement: The right to a clean environment should allow a person to live in a harmonious system, where environmental factors do not pose a risk to human health and well-being.

Keywords: clean and safe and clean environmen, environmen, persons’ rights, right to a clean and safe and clean environment

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Authors: Rukhsana Shaheen, Tahira Ifraq

Abstract:

Interest based transactions led the advent of Islamic banking. In order to provide an alternative to Interest based banking, financial transactions found in classical books of fiqh were employed. Musharakah, Mudarabah, Murabahah Salam, Ijara, and some other modes were adopted. These modes were modified so that they can be adopted for banking and satisfy the needs of customers. Since the inception of Islamic banking, these modes are being used and with the passage of time, are being molded and experimented with to cater different kinds of customers and requirements. Human efforts cannot be errorless. These modes too bear legal defects which need an in-depth scrutiny and refinement. The aim of this paper is to dig the basis and rulings of these modes in classical books of fiqh and analyze its modification and adoption in Islamic banking and the legal defects that these modes are bearing. Paper will prove itself fruitful by providing remedies for the legal defects.

Keywords: financial instruments, legal defects, remedies, Islamic banking

Procedia PDF Downloads 332