Cognitive Phraseological Variations in Terminology of Public International Law and Its Application in Translation into Farsi

For the past twenty years, “phraseology” has been considered a very important topic of study for various specialized languages. The linguistic view that used to see phraseology such as “idiom researches and lexicography classifying various kinds of idiomatic expressions” has changed meaningfully. Nowadays, thanks to these changes, the new view is focused on identifying and classifying phraseology as well as applying them to research in theory. That is why we would do well to try to define new horizons of phraseology in different specialized languages. The language of interest here is the prescriptive and descriptive language of international law instruments. We should consider this language as the normative language of judges, legislators, courts and international lawyers. These practitioners – who use specific types of phraseology and stable linguistic structures –should perhaps adhere to the use of a professional language that conforms to recognized standards of normative rules. This paper, therefore, tries to define the main relations between phraseology studies and IL Latin expressions and their systematic-semantic equivalences in languages with different roots like Farsi.


INTRODUCTION
Despite all efforts, yet there are too important factors which should be studied about language of International Law. If we accept or not, the IL also enjoys a specifi c form of language which is made by a specifi c class of users in the societies. The users of this type of language are judges, lawyers, interpreters, courts, UN commissions and so forth which have a primordial role for defi ning the correct way to describe denotation-connotation of legal norms and rules. However, some important questions which arises here are that if we accept that language of IL has its own characteristics, how can we analyze and perceive it? Is it possible just to understand this type of language only by international legal knowledge? What about the other languages? Accepting that not all IL language users and makers are English or French speakers, how can the courts and international lawyers conclude documents that the other language users like Farsi or Arabic understand them well?
That's why we believe that we have to incorporate new data bases from the other sciences like linguistics, cognitive linguistics, and pragmatics and so forth into IL knowledge in order to be able to coding-decoding messages, statements and rules in international law. In this respect, one of the interdisciplinary studies which can help scholars to analyze correctly the sentences and expressions in international law could be phraseology or study of formulaic expressions. Enquiries about this type of knowledge show that it is necessary to evaluate IL formulaic expressions from this viewpoint specifi cally because of the existence of a huge number of Latin formulated expressions in that language. We believe that the study of phraseology and incorporating it into IL language, can help IL scholars to understand the real formulation-translation of these expressions used in international law.
We seriously believe that cognitive -corpus based linguistics could help International Lawyers to comprehend the main idea of expressions used in International Law Language part of which have been derived from Latin. In this aspect, a descriptive methodology can help reader or interlocutor of this paper to understand both, the main idea of this paper and know how to analyze this phenomena in his/her native language which in this specifi c case is Farsi since one of the biggest existing problems for Farsi speakers of IL texts is the huge vague or etymological -cognitive differences between Farsi and Latin.
For all above mentioned reasons, the aim of this paper is to evaluate the impact of some phraseological studies and enquiries in forming -translating International Law Latin formulaic expressions and the objective equivalences in the other languages like Farsi, a language that has nothing to do with Latin languages in any linguistic and extra linguistic aspect, responding to this important question that have systematic differences of Latin Legal language to do with semantic phase when translating IL Latin expression into Farsi or not? That is why we will try to show, at fi rst hand, some useful IL Latin expressions and at second one, evaluate their systematic -translational equivalences in Farsi.

CHARACTERISTICS OF LEGAL -JUDICIAL LANGUAGE
• There are too many characteristics which could be attributed to legal-judicial language which is used not only in domestic law but also in international law language too, which are the result of cognitive linguistics and pragmatic approach. In this regard, Gutierrez Rodilla in his work (2005:9) states: <<one the most important characteristics of science is the rigor>> and continuous mentioning the next characteristics (Ibidem: 22-30) in Spanish: • Precisión (accuracy): Precisión (accuracy): Gutiérrez Rodilla (ibídem: 22) la califi ca como <<la cualidad más preciada del discurso científi co>> y, aunque este lenguaje tiene sus cualidades especiales específi camente sobre lo que es la desambigüedad y uso preciso de las palabras y conceptos, la relaciona, sobre todo, con <<la precisión de los términos>> (ibídem: 23). Otro requisito planteado por Gutiérrez de Rodilla (ibídem) es que los términos sean monosémicos y no cuenten con sinónimos, por muy difícil que esto pueda ser. Esto resulta especialmente importante a efectos que nos referimos ya que el lenguaje de derecho por sí mismo, bien sea descriptivo o prescriptivo, tiene que regular relaciones entre entidades y personas y esto parce ser más difícil aun cuando se habla de un tipo derecho que tiene que ser reconocido en el ambiente internacional, contando con muchos lenguajes que en la mayoría de los casos, son lenguas diferentes y este concepto se relaciona con nuestros objetivos aquí, es decir, términos científi cos del lenguaje jurídico como unidades fraseológicas con las que conseguir la mayor precisión y, con ella, la mayor exactitud posible en los textos jurídico -legislativos en el ámbito internacional.

THE LATIN PHRASEOLOGICAL UNITS IN IL TEXTS
It seems to be a challenge analyzing and speaking about phraseology because the interlocutor of learner probably encounter it really confusing with the other aspects of cognitive linguistics, applied linguistics and discourse analysis [16]. According to Cowie, there is a lack of standardized terminology [6]. That is to say, there exist terminologies like collocations or idioms which referred for decades to the same idea of phraseological units. That's why we could declare that for having an uncertain terminology about the phenomena, so the fi nal decision about what the identity is comes really diffi cult.
We believe that these stable and fi xed phrases in IL have their own grammatical, discursive and semantic characteristics. For instance, when the ICJ or international lawyers use expressions of phraseological units like: utti posidetti juris, jus gentium, ex aequo et bonno, jus cogens, erga omnes and etc. there is going to emerge an idea of fi gurative language in particular interlocutors regarding the content of the discourse and the usage of these types of legal expressions. "jus cogens", being a type of phraseological fi xed and stable unit which could be studied from different points of view, should be interpreted in a narrative way in order to connate in the strict manner: "promtory or imperative norms" or ‫دعاوق‬ ‫.هرمآ‬ An international judge or lawyer by this unit, has a clear intention which is to call the attention of specialized interlocutor: 1 -this comes from a Latin legal system which has been used during years and it is working like an international norm which is applicable for all of the IL subjects 2 -in a grammatical approach, it is formed by 2 parts (monems or signifi ers) which connate an action or reaction: "these norms or Jus are to be considered important and binding that the violation of them could not be presumed."

TRANSLATING SOME IL LATIN FORMULAIC UNITS INTO FARSI
Translation of specialized texts, especially legal terms, is not as easy as some people think; it not only requires stylistic competence in the language, but it also requires knowledge of the inner meaning and connotation of words of the legal systems. That is why Farsi translators and then, interpreters of legal terms especially Latin ones, should be aware of both stylistic and phraseological features of these terms and semantic and connotative characteristics in order to get the right sense. For instance, there is no any literal meaning for Ex aequo et bonno term (phraseological unit) in Farsi but the translators are obliged to explain It in other words which could lead to descend the principal denotation of the term. For instance, the word Jus when is used with ad bellum has a specifi c connotation and equivalence in Farsi and when it is used with Cogens, has a stricter meaning regarding imperative norms of IL. The other useful example is when we use Jus with Gentium, when the meaning differ from the previous ones and it is transferred like "rights and demands of people". The below Examples Show that it is almost impossible to preserve grammatical density, phraseological characteristics of Latin language and semantic properties while translating them into Farsi: