Language in International Law: Meaning and Construction of Its Underlying Culture

The proliferation of the English language in international law has not in any way diminished the importance of "language" as a means of communication, a tool of legal construction, or as a cultural compass in international legal proceedings. This article highlights several distinct circumstances where language remains paramount. The first concerns the designation of one or more languages as authentic in the context of multilateral treaties. The second pertains to the choice of language in transnational contracts and legal proceedings, whether between states or non-state actors, and the paramount role of party autonomy thereto. Finally, the cultural or anthropological dimension of language and its obscure cultural underpinnings are explored in two distinct case studies: the first deals with international criminal proceedings, while the second delves into the construction of chants in international sporting events with a view to understanding whether they convey discrimination, or otherwise gross offence. The article suggests that while exact meaning can never be fully cross-fertilized from one language to another, courts, tribunals and executive entities must always discern those shared, unexpressed meanings that underlie words or phrases and not solely rely on translation or the ordinary rules of construction (of contracts or statutes).