Having protractedly worked within the field of translation for different agencies as well as a law firm, as well as having conducted legal researches, I have come to realize a huge inconsistency in legal terminology in Cambodia. This inconsistency in legal terminology crazes amongst state institutions, local NGOs and even the relevant UN agencies.
Should different agencies have different usage in legal terminology, then who shall I trust and follow? For me as a sophisticated and prolific reader, it would not be an insolvable problem, since I am aware of what I can categorize as credible, less credible and totally invalid sources. However, the case would be very complicated for students within and not within the field, laypersons, and other persons who feels a need for reading legal articles or Acts/Bills of the National Assembly. Moreover, foreigners who want learn about Cambodia, do business in Cambodia or tour Cambodia, would also find it difficult or complicated in reading Cambodian legal material. Most importantly, nationwide consistency in legal terminology would dramatically helped legal practitioners.
As a translator and researcher within the legal field, legal terminology is extremely crucial, since it dramatically eases me in doing research.
Despite this is a special case of Cambodia, I firmly believe that it does happen in other developing and even the developed countries. I hope this case would serve as a prototype for all other countries having the same problem, as well as advising those countries that it is time to take measure for nationwide consistency in legal terminology.
Furthermore, consistency in legal terminology also means that legal terminology shall not be amended too often, since too much amendment would make the legal terminology less and less solid and above all; complicated.
Author’s recommendation
Legal terminology adopted by the National Assembly of the Kingdom of Cambodia shall prevail all other sources in the Kingdom. So all individual and legal entities; private or public, must follow the legal terminology adopted by the National Assembly. And there shall be a measure against any prominent legal entity should such the default legal entity use legal terminology inconsistent to that of the National Assembly.
Vicheka Lay is the Translator and Legal Information Officer for DFDL Mekong Law Group, Freelance Translator for Asian Human Rights Commission, Hong Kong, and LL.M Candidate. He is also a member of the Legal Writing Institute, a legal analysis institution, based in Mercer University, the United States of America.
Any question about Cambodian laws, business, politics, and state of affairs? Email me: vichekalay@yahoo.com
Source: www.ezinearticles.com
