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To The Question On Accuracy Of Translation Of Legal Terms To Other Languages

Congress: 2015
Author(s): Avazbek Rysbekov (Tashkent, Uzbekistan)


Keyword(s): Sub-theme 12: Transboundary river basins and shared aquifers,
Abstract Introduction The principle "Polluter-pays principle" is one of the basic principles of the international water Law. Definition of the concept "polluter-pays" is given, in particular, in the UNECE Convention on the Protection and Use of Trans-boundary Watercourses and International Lakes 1992 (further -- Water Convention) and in line of other UNECE nature protection documents. Legal norms of the Water Convention should correspond to its norms, including - in the part of legal terms, at implementation this norms in the national legislation. At the same time, an analysis of the original text of the Water Convention and its translation on Russian shows that a translation of the named above principle was carried out incorrectly. Results and Discussion Dilemma consists in different understanding of the concept "polluter" in English (original) and Russian (translation) -- what to understand under concept "polluter" - object (legal or physical persons, or polluting substances (?). In particular, the concepts "polluter" and "pollutants" are clearly divided in the Water Convention, Water Framework Directive (2000) and other documents of the UNECE and European Union, respectively, and in translations of relevant international legal acts (ILA) to Russian these two concepts have various contents. Examples: 1) Water Convention: Article 2: " ... 5. In taking the measures referred to in paragraphs 1 and 2 of this article, the Parties shall be guided by the following principles: ... (b) The POLLUTER-PAYS PRINCIPLE, by virtue of which costs of pollution prevention, control and reduction measures shall be borne by the POLLUTER "; It is translated to Russian: Article 2: " ... 5 ...: ... (b) The POLLUTANT-PAYS PRINCIPLE, by virtue of which costs of pollution prevention, control and reduction measures shall be borne by the POLLUTANT "; 2) Water Framework Directive: Preamble: ... (11) ... the Community policy on the environment is to contribute to pursuit of the objectives of preserving, protecting and improving the quality of the environment ..., ... and to be based on the precautionary principle and on the principles that preventive action should be taken, environmental damage should, as a priority, be rectified at source and that the POLLUTER should pay. It is translated to Russian: Preamble: ... (11) ... the Community policy ..., ... and to be based ... and that the POLLUTANT should pay; etc. in other ILA. The concepts "polluter" and "pollutant" have precisely contents in the originals of the above named and not named ILA, whereas in Russian translation the concept "polluter" has double meaning. Misunderstanding is caused by circumstance that in different parts of the Water Convention the word "polluter" has different meanings, but in Russian text the concept "polluter" include both concepts simultaneously and it is nonsense. Conclusion It is obvious that the norms of the Water Convention should be applied in exact conformity with that sense, which in them is incorporated. It is necessary to make changes to Russian translations of the Water Convention and other relevant ILA. 1. Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (in English and Russian) 2. Convention on the Protection and Use of Trans-boundary Watercourses and International Lakes (Helsinki, 17 March 1992) (in English and Russian)
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