从《鹿特丹规则》看联合国法律文件英语语言特征及翻译_英语论文

Linguistic features of English-based UN legal instruments and their translation—from the analysis of the Rotterdam Rules

摘要

论文以鹿特丹公约的签署为契机，希望通过对《鹿特丹规则》，及其相关的提单公约的英语文本的语言特征进行研究，探讨联合国法律文件英语语言的特征及其汉译问题。

文章纵览了古今中外学者提出法律翻译理论和标准和对国际公约的翻译困境和翻译方法的观点。翻译理论和标准如严复的“信、达、雅”三原则，德国功能翻译学派的目的论，尤金奈达的功能对等原则等；翻译困境如法律体系差异，语言特征模糊，术语翻译问题；翻译方法如寻找对应术语，扩充词义，意译，运用中性词、外来词以及模糊词语等。

通过举例论证，总结出如下较为显著的特点：1、运用有特殊意义的普通词汇；2、运用古英语词汇；3、运用借用词汇； 4、运用同义或近义词汇。此外，还得出了法律文件长难句翻译问题的解决方案: 即首先分析词汇特征和句子结构特征，找出句子主干，再由近及远的翻译修饰语。总结出从解决词汇翻译问题出发，及于句子结构特征，最后及于全文的翻译方法。

关键词：法律翻译，《鹿特丹规则》，词汇特征，国际公约，跨文化和功能对等

Abstract

With the accelerating pace of globalization, a growing number of international legal documents presented in front of us, especially since the founding of the United Nations, different kinds of legal documents through its general assembly regulated various areas in the world. The thesis intends to discuss the linguistic features of the English-based UN’s legal instruments and their translation into Chinese, on the basis of analysis that of the Rotterdam Rules and the related bills of lading, with the opportunity of the official signature of the Rotterdam Rules.

The thesis reviews theories and criteria, dilemma and methods of legal translation, which were put forward by some famous theorists. Theories and criteria, such as the Yan Fu’s three principles of “faithfulness, expressiveness and elegance”, Eugene A. Nida with his functional equivalence and the German School of Functionalist Approaches to Translation with their skopos theory and so on; dilemma such as the incongruity of systems, the ambiguous of language feature, terminology and so on; methods of translation such as using corresponding terms, lexical expansion, paraphrase, neutral terms, borrowing terms and vague terms.

The thesis focuses on the lexical features of the Rotterdam-related bills of lading (like the Hague Rules), ranging from the specific features to the meta-analysis of lexical features under syntactic circumstance, and evident by examples. Come up with the features bellow: 1. use of common words with legal meanings; 2. use of archaic words; 3.use of borrowed words; 4. use of parallel synonyms or partial synonyms. In addition, put forward the solution to long and complex sentences. At last, conclude a way of translation of international conventions, which requires to start with the terms via sentence structure, finally, to the entire text.

Key words: legal translation, the Rotterdam Rules, lexical features, international conventions, cross-culture and functional equivalence

Contents

摘要 II

Abstract III

1Introduction 1

2 Literature review of legal translation theories and criteria 2

2.1 Yan Fu and Three-character standard of Translation 2

2.2 Alexander Fraser Tytler and Three Principles of Translation 3

2.3 Eugene A. Nida and Dynamic Equivalence-Functional Equivalence 3

2.4 German School of Functionalist Approaches to Translation and Skopos Theory 4

3 Linguistic features of the Rotterdam-related conventions 6

3.1The lexical features of the Rotterdam-related conventions 6

3.1.1The common terms with particular meanings 6

3.1.2 Use of archaic words 9

3.1.3 Use of borrowed words 12

3.1.4 Use of Synonyms 13

3.2 Meta-analysis of the linguistic features on the basis of lexical features under syntactic circumstance 14

4  suggestions to the translation of the UN’s instruments 18

4.1 Review of legal translation dilemma and methods 18

4.1.1 Review of legal translation dilemma 18

4.1.2 Review of legal translation methods 19

4.2 suggestions to the translation of the UN’s instruments 19

4.2.1 Experiences on translation of international conventions 19

4.2.2 Suggestions to the translation of the UN’s instruments 20

5  Conclusion 22

Works Cited 23