Diplomatic documents - Иностранные языки и языкознание курсовая работа

Several examples of diplomatic vocabulary stock. Diplomatic documents: characteristic features and their types. Stylistic analysis of the memorandum and the treaty. Participles and gerunds are widely used in the document. "NATO Treaty", short analysis.


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Formal and informal styles of English are clear-cut determined. The style of official documents includes the following substyles:
The language of business documents;
The language of military documents.
The expression "diplomatic language" may express three different meaning. The first sense means the actual language which is used bу diplomatists in their converse оr correspondence with еасh other. In its second sense it means those technical phrases which have bеcоmе part of ordinary diplomatic vocabulary. And in its third, and most соmmоn, sense it is used to describe that guarded understatement which enables diplomatists and ministers to say sharp things to each other without becoming provocative or impolite.
The chosen problem has appeared to be very urgent, because the interest to the problem of drawing up contracts is not occasional. Obviously, many people are involved in the world of political relationship and they do not communicate with their companions using intricate phrases and bookish words. Still, they are obliged to use some formal clichйs which may sound strange to non-political people, but are essential for conducting negotiations.
The object of the course paper is the style of diplomatic documents.
The subject is characteristic features of diplomatic documents.
The aim of the research is to study the style of diplomatic documents.
The solution of the aim claims for doing away with a number of certain tasks, such as:
1. to point out characteristic features of diplomatic documents;
2. to describe types of diplomatic documents;
3. to analyze lexical, grammatical, syntactical and stylistic peculiarities of diplomatic papers.
In order to solve these tasks we have used methods of studying and analysis of theoretical literature and practical manuals on the problem, the methods of description, we have characterized peculiarities of diplomatic documents.
The results of the research can be taken into consideration by students and people studying problems of style in English and functional usage of formal and informal styles.
The report consists of introduction, two chapters, conclusion and references.
Introduction introduces into the subject matter of the research and includes the actuality, the object, the subject, the aim, tasks and methods of the course paper.
The first chapter describes in details characteristic features and types of diplomatic documents.
The second chapter deals with stylistic analysis of two diplomatic documents NATO Treaty and Memorandum of Cooperation.
In the conclusion we summarize the results of the studied theme.
CHAPTER 1. DIPLOMATIC DOCUMENTS: CHARACTRERISTIC FEATURES AND THEIR TYPES
1.1 Characteristic features of diplomatic documents
Diplomatic document is a written text presented or sent by the organs of foreign relation of one state to the organs of foreign relations of another state. [19]
Diplomatic documents which are called “instruments” in diplomatic parlance, are varied - treaties, conventions, agreements, acts, pacts, charters, statutes, protocols, declarations, notes. Each type of documents has its own aim and structure. Instruments may be bilateral, plurilateral (a limited number of parties) and multilateral. [11, p. 16]
Diplomatic language is subject to certain general rules determined by international usage and convention. Chancellery protocol, the object of which is to give the recipients of correspondence the marks of distinction which are due them, at the same time respects the relative rank between the sender and addressee. It is established in such a manner as to place the relations between states and their representatives on a basis of equality, respect and reciprocal consideration. It is the duty of representatives to exercise the greatest care in observing these rules.
Texts of diplomatic official documents contain a lot of terms and terminological word-combinations. In these texts their main function is not to explain or interpret a certain scientific phenomenon, but to name or concretize a notion or a political problem. Like any specialized sphere of communication, diplomacy has its own stock of special terms, clichйs, specific syntactical patterns and other linguistic peculiarities.
The general vocabulary of diplomatic English consists almost exclusively of bookish and learned words; the wording of documents is as remote and impersonal as possible. Following are some words of the general vocabulary that are used to dress up simple statements and give an air of scientific impartiality to biased judgments: phenomenon, element, objective, categorical, effective, virtual, basic, primary, promote, constitute, exhibit, exploit, utilize, eliminate, liquidate, communications, appropriate, available, submit, recommendations, principles, objectives, subparagraphs, authentic, in accordance with, eliminate, doctrine, condemnable, repugnant, entail as a consequence, in compliance with the fundamental obligations, with a view to promoting understanding, etc.
Diplomatic terminology includes terms and words used in the sphere of international law in some special meaning. Here are a few examples of diplomatic vocabulary stock:
- accession: formal acceptance of a treaty, international convention, or other agreement between the states;
- Ambassador Extraordinary and Plenipotentiary: a diplomatic agent who is the personal representative of the head of one state accredited to the head of another state;
- Appointed Ambassador: a diplomatic agent who has been designated by the Head of State as his personal representative, approved by the foreign Head of State to whom he will be accredited and who has taken his oath of office;
- article: a clause, item, point or particular in a treaty;
- chancery: a term used to designate the office of an Embassy or Legation;
- dual accreditation: a person wearing two hats; e.g., a Consul in New York who is also a member of the United Nations Mission;
- envoy: a diplomatic agent. A special envoy is one designated for a particular purpose, such as the conduct of special negotiations and attendance at coronations, inaugurations, and other state ceremonies to which special importance is attached. The designation is always of a temporary character;
- exequaturs: documents that are issued to consuls by the governments to which they are sent, permitting them to carry on their duties;
- immunity: exemption of foreign diplomatic agents or representatives from local jurisdiction;
- iron curtain: a political, military, and ideological barrier that cuts off and isolates an area, preventing free communication and contact with different - oriented areas;
- mission: a general term for a commission, delegation, embassy, or legation;
- party: a signatory to a diplomatic document;
- plenipotentiary: a diplomatic agent, invested with full power or authority to transact business on behalf of his government;
- protйgй: a native of one country who is, under treaty, protected by another government in whose employ he may be;
- visa: in international law, an endorsement made on a passport by the proper officials of a foreign country, denoting that it has been examined and that the holder may enter the country; also a document issued permitting entry into a country for permanent residence. [13, p. 22]
All the above terms are of Roman origin, which is not surprising if we remember the fact that the primary languages of international relations were Latin and French. In diplomatic English there are many borrowings from Latin and French that are not assimilated:
- ad hoc committee: a special committee appointed for a specific purpose, to carry out a particular aim;
- bona fides: the state of being exactly as claims or appearances indicate;
- carriculam vitae: personal history;
- casus belli: an event or political occurrence that brings about a declaration of war);
- modus vivendi: a temporary agreement between parties pending a settlement of matters in debate;
- note verbale: a diplomatic communication prepared in the third person and unsigned;
- persona grata (pi., personae gratae): a diplomatic representative acceptable to the government to which he is accredited;
- persona non grata: one who is not acceptable;
- status quo: the existing circumstances. [10, p. 43]
Another notable feature of the diplomatic vocabulary is its pretentious diction:
- adjectives like “epoch-making, epic, historic, unforgettable, triumphant, age-old, inevitable, inexorable, veritable” used to dignify the sordid processes of international politics;
- nouns like “realm, throne, chariot, mailed fist, trident, sword, shield, buckler, banner, jackboot, clarion” aimed at glorifying war (usually taking on an archaic color);
- foreign words and expressions such as “cul de sac, ancien regime, deux ex machina, mutatis mutandis, gleichschaltung, Weltanschauung”, used to give an air of culture and elegance;
Diplomats use the plain words as: ask, because, before, believes, carry out, cause, come, confidential information, conflicts, consider, explain, give, if, in, inquire, many, much, now, often, on, opinion (of), read, say, send, steps, while,
Politicians make use of such the fancy as: request. in view of the fact that, prior to, is of the opinion, implement, be conductive to, emanate, information which is of a confidential nature, comes into conflict with, give consideration to, clarify, make a donation of, in the event of, in the position, as regards, make inquiry regarding, a large (considerable, sizable, substantial) number of, a considerable (sizable) quantity of, at the present time, frequently, in a great number of instances, with regard to, with respect to, concerning, reaction (to), peruse, indicate, communicate, transmit, appropriate (positive) measures, during such time as.
In the United Nations as well as in some other countries many fancy words have prevailed.
Diplomatic documents should be logical, official, precise and stereotypical. Therefore, their language is impersonal. They are characterized by absence of any emotions, stylistic devices and expressive means. But there is a huge dump of worn-out metaphors which have lost all evocative power and are merely used because they save people the trouble of inventing phrases for themselves. Moreover, using stale (“dead”) metaphors, similes, idioms the author leaves vagueness in the meaning (e.g.: iron resolution, toe the line). [25]
We need to remember that much of our information about politics, governmental activities, business conditions, and foreign affairs comes to us selected and slanted. Slanting may be defined as the process of selecting (1) knowledge - factual and attitudinal; (2) words; and (3) emphasis, to achieve the intention of the communicator. Slanting is present in some degree in all communication: one can slant for (favorable slanting), slant against (unfavorable slanting) or slant both ways (balanced slanting). [8, p. 250]
On the whole, grammar of any diplomatic document may be characterized as rather simple and formal. Simple here means lack of diversity of variants which occurs in every document which is not legal. As for the grammar tenses which are used in agreements, the most widespread are the Indefinite and the Perfect tenses, both in the Active and Passive Voices.
One may also notice the insistent use of “shall” with the third person which expresses not the will of the grammatical subject, but the will, determination of the undersigned regarding the subject.
One of the most striking features of diplomatic documents is a wide use of verbals. The system of non-finite forms of the verb comprises the infinitive, the -ing-form and the participles. [2, p. 31].
The typical syntactical features of diplomatic documents (except letters) are the predominance of extended simple sentences and complex sentences, abundant use of participial constructions (as in the preamble), the tendency to separate the subject and the predicate, profusion of homogeneous members. Like in legal documents, there is an expressed tendency to avoid anaphorical pronoun reference and to repeat compound terms in full (the Secretary-General of the United Nations, and not “he” or “the Secretary-General”). These traits are dictated by the necessity of the transparence of meaning, elimination of all possible ambiguity, and avoidance of the wrong interpretation of the document, which may cause undesirable consequences. [12, p. 89]
Among other notable features of diplomatic correspondence one may mention the use of abbreviations. Examples:
R.S.V.P. - reponder, s'il vout plait (meaning, “Please reply”) R.s.v.p.
p.f. - pour feliciter (meaning “Congratulation”)
p.r. - pour remercier (meaning “Thanks”)
p.c. - pour condolence (meaning “Condolences”)
POL - Political Section and etc. [20]
With the use of text-processing in the preparation of correspondence, underlining is replaced by the use of italics or boldface.
Boldface should be used for the subjects of memoranda and for headings in the text.
Italics should be used for the following:
- the titles of books, periodicals, newspapers, films, plays and television
- the names of vessels and airplanes;
- certain mathematical indications;
- the titles of laws, decrees and the like in foreign languages;
- non-English words other than those generally considered to have been adopted into the language. [16, p. 43]
Thus, formal style of English has such main features as conventionality of expression, absence of emotiveness, encoded character of the language and general syntactic mode of combining several ideas within one sentence. All that is revealed in texts of contracts through their vocabulary, grammar and style.
Official diplomatic documents have many different forms. A considerable part includes documents that are of a purely intradepartmental nature. Another category consists of diplomatic documents through which official international intercourse goes on in writing. Such official documents show the opinion of a state on a particular issue of international affairs and some of them are private in view of particular conditions.
Many of diplomatic documents are never published by virtue of the unimportance of their subject matter. But a large amount of diplomatic documents, especially relating to important international problems, are made public.
In the United Nations official diplomatic correspondence distinguished the following five forms of written official communications: personal notes, verbal notes, aides-memoire, memoranda, and semi-official letters.
Note is a written communication from a minister of foreign affairs to foreign diplomatic envoys or high foreign government officials and vice versa. It is the most generally used form of correspondence between a sending state and a foreign government. The reply to an incoming note is in the same form as the note it is answering.
This is written either in the first person or third person.
1. First Person Note is a written communication between states understood to speak for and on behalf of government signed by its duly designated representatives. This form is preferred when it contains matters of great importance or when a more personal tone is desired.
Written in the third person, not signed but initialed in the lower right corner of the last page of the text by a duly authorized signing officer. At post the chief of mission must authorize the signing officer. Drafters should keep the third-person note in the third person. First person or second person pronouns (e.g., I, we, you, your) must not be used. Note verbale is generally referred to as a third person note.
A note verbale is a formal note written in the third person. It takes the place of a signed note and has the same value as a signed note. It is less formal than a first-person note and for this reason it is the form of communication most used. A note verbale begins with the following formula of diplomatic courtesy:
"The Embassy (or the Ministry of Foreign Affairs) of the Philippines presents its compliments to the Ministry of Foreign Affairs of (name of country) and has the honor to..."
"The Embassy avails itself of this opportunity to renew to the Ministry the assurances of its highest consideration." [11, p. 110]
Memorandum is a less frequently used form of a diplomatic document, and it is used mostly to record facts, decisions or opinions. Usually a memorandum describes the factual or legal aspect of a major problem, especially something to be done or acted upon in future. Each memorandum normally deals with one subject only.
Aide-Memoire is a form of diplomatic document the main object of which is to remind the addressee of a matter discussed, either formally or informally. The word “aide-memoire” is of French origin and means literally “memory-helper”. [9, p. 6]
An informal summary of a diplomatic interview or conversation between the foreign minister or his assistant and a diplomatic envoy or his representative. It merely serves as an aid to memory and does not begin with a formula of courtesy. It is usually left at the foreign office by the ambassador or minister concerned (or his representative), or is handed to the ambassador or the minister concerned (or his representative) at the foreign office by the foreign minister or his representative. [9, p. 26]
Like notes, an aide-memoire may touch upon substantial issues, though it happens quite rarely. More often, it concerns everyday practical matters. Aide-memoire are never signed, but are sometimes initialed. [3, p. 32]
Pro-Memoria is a formal record of a subject discussed. It differs from an aide-memoire which is an informal summary of a diplomatic interview. It is understood to speak for and under direction of the government whose representative presents it and is usually left at the foreign office by the ambassador or minister concerned (or his representative), or is handed to the ambassador or minister concerned (or his representative) at the foreign office.
Letter of Credence is a formal note from the head of one state to the head of another state, accrediting ambassador, as one authorized to act for his government or head of state. It may be addressed to a head of a republic or to the head of a kingdom.
Letter of Recall is a formal note from the head of one state to the head of another state, recalling a previously accredited ambassador, a minister, or other diplomatic agents. An incoming chief of mission usually hands a letter of recall of his predecessor to the head of state of a foreign government before handing his letter of credence.
One of the types of diplomatic documents are treaties. In international law and diplomatic practice the term “treaty” is used in two senses. In a generic sense, it refers to all agreement between states which are of a binding character, and in a restrict sense it refers to a title given to instruments containing such international agreements. Instruments setting out agreement between states bear different titles, such as Treaty, Agreement, Convention, Protocol, Act, Declaration, Statute, Regulations, Provisions, Pact, Covenant, Compromise, Accord, Arrangements, Modus Vivendi, Exchange of Notes and Concordat. Some of the agreements are highly formal in character while others are not. In diplomatic literature, the terms “treaty”, “convention”, and “protocol” are all applied to international agreements. Sometimes the same instrument is designated in different places in its text by different terms.
The treaty document covers the following parts:
a list of the heads of state in whose names the treaty is concluded;
usually a statement of the purpose and objectives of the treaty, sometimes accompanied by a recital of principles and circumstances;
a declaration that the plenipotentiaries have the necessary powers.
The text generally containing, in the form of numbered articles, the respective agreements of the signatories. It also indicates:
the requirements for bringing the treaty into force;
the place where the exchange of ratifications will take place.
The final clauses, specifying that the plenipotentiaries have signed the treaty and have affixed their seals thereto, and including information on:
if in more than one language, the language used, and that each is equally authentic;
the place and date of signature. [4, p. 10]
The term “agreement” is used in a number of senses. In a generic sense, it covers any meeting of minds - in this case the minds of two or more international persons. In a restricted sense, this term means an agreement intended to have on obligatory character but usually of a less formal nature than a treaty. Other terms sometimes used instead of “agreement”:
memorandum of understanding constituting an agreement;
memorandum constituting an agreement;
joint declaration constituting an agreement;
Most agreements follow the same compositional design, as treaties and other international compacts. [4, p. 51]
The term “declaration” denotes a treaty that declares existing law with or without modification, or creates new law. [4, p. 76]
Minister of Foreign Affairs, even heads of government or heads of state, frequently meet to discuss policies and problems. These meetings lead to what is known under the traditional term of “Declaration” or “Communiquй”.
The term “protocol” designates different kinds of official documents recording, in an authoritative and solemn manner, the results of a negotiation. In the field of international agreements, the term “protocol” is most often used to designate particular agreements, less formal than a treaty or convention, which supplement a basic agreement. Protocols are also frequently used to amend multilateral international agreements or to prolong their existence. [4, p. 90]
Thus, the goal of every diplomatic document is to reach a definite agreement on policy issues and international relations. Any instrument should ensure clarity of the subject matter to express the main conditions which undertake to respect both sides. Diplomatic correspondence characterized by abundance stereotyped language units, clichйs, terminology, formation of abbreviations and etc.
CHAPTER 2. STYLISTIC ANALYSIS OF THE MEMORANDUM AND THE TREATY
2.1 Stylistic analysis of Memorandum of Cooperation
The headline of the text is “MEMORANDUM OF COOPERATION BETWEEN THE DEPARTMENT OF COMMERCE OF THE UNITED STATES OF AMERICA AND THE ASSOCIATION OF SOUTHEAST ASIAN NATIONS (ASEAN) SECRETARIAT CONCERNING COOPERATION ONTRADE-RELATED STANDARDS AND CONFORMANCE ISSUES”.
The text is taken from the website of Association of Southeast Asian Nations (see Appendix 1).
The memorandum is devoted to further promotion the close and friendly relations existing between the Participants. The text is characterized by formal, 'cold' or matter-of-fact style of speech, absence of figurativeness, which requires the choice of a special kind of vocabulary, grammar forms and structures. The memorandum is not intended to be used by masses and can be used by politicians and ambassadors.
Compositionally the memorandum includes three parts: the preamble, the text in the form of numbered articles and the final clauses, specifying that the plenipotentiaries have signed the treaty and have affixed their seals thereto.
The first thing that draws the attention of the reader is the title of the memorandum. The title of this memorandum corresponds to the essential requirements, namely it contains information about the parties entered into an agreement. In this case the title is “The Department of Commerce of the United States of America, and the ASEAN Secretariat”. Thus, the title gives an overview of the document and its contents.
The main part follows the title, which is divided into sections that contain subsections. Such composition makes it easier the text and makes the text more logical and structured. The title of each section does not include information about its contents, for example ARTICLE 2, ARTICLE 3, etc. The division into sections is designed to structure the text. In its turn sub-headings indicate the content of the following text to them, for example: Cooperative Activities, Implementation and Funding, Implementing Arrangements. Also graphical accentuation of headings and subheadings facilitates perception. In this memorandum, they stand out by using of another print, and the use of capital letters.
Each new regulation of the memorandum is printed on a new line, which also facilitates the perception of the text and makes it clearer. The Memorandum is worked out in strict accordance with the rules and standards and prevents excessive liberties.
The preamble comprises desiring and recognizing the contribution of the Participants.
Article 1 (`General') points out that the Participants may cooperate in the fields of trade-related standards and conformance.
Article 2 (`Cooperative Activities') deals with cooperative activities which shall be open, publicly available research intended for publication.
Article 3 (`Coordinating Agencies') reports that the ASEAN Consultative Committee for Standards and Quality (ACCSQ) and the National Institute of Standards and Technology (NIST) and the International Trade Administration (ITA) of the U.S. Department of Commerce are designated as the Coordinating Agencies of the Memorandum.
Article 4 (`Implementing Arrangements') is about that the Coordinating Agencies expect to elaborate the specifications, program tasks, schedules, financial arrangements, work plans, termination arrangements, and other appropriate matters in detailed implementing arrangements for specific projects.
There are forms of cooperative activities between the Coordinating Agencies in Article 5.
Article 6 (`Implementation and Funding') speaks about the implementation of this Memorandum and it is not intended to be legally binding upon the participants and shall not be used as the basis for the creation of any legal claims.
Article 7 (`Intellectual Property') elucidates that provision for the protection and allocation of intellectual property are emphasized and should be set forth in a subsequent, legally-binding agreement, separate from this Memorandum and the Project Annexes.
Article 8 (`Commencement and Duration') specifies activities under this Memorandum that may commence as of the date of signature and continue for a period of five years. It goes on to say that this Memorandum may be modified or continued for additional periods by the Participants.
Passing from the structure of the text to its content, we can also identify a large number of features which are characteristic of this genre. Lexical features include primarily the large number of abbreviations, set expressions, archaisms, lack of colloquial and dialectal vocabulary, explain by the sphere of functioning of memoranda. The following set expressions are used in this memorandum: publicly available, pursuant to, legally binding, data of signature and etc. We also find such bureaucrateses as `implementation', `allocation', `annex', `initiated' to make the pronouncements of the speaker or writer sound important.
The archaism “hereinafter” is used repeatedly. The function of archaic words and constructions in official documents is terminological in character. They are used here because they help to maintain that exactness of expression so necessary in this style [5, p. 79]:
“...hereinafter referred to as "the Participants"…”
“...hereinafter referred to as the "Memorandum"…”
“…hereinafter referred to as "Project, Annexes"…”
Abbreviations are abundant in this memorandum. The usage of abbreviations, conventional symbols and contractions is typical of all kinds of documents. Abbreviations are abundant, and there are special dictionaries to depict them. They serve as signs of the code supposed to be known only to the “initiated” [1, p. 36] The abbreviations used in this memorandum are: ASEAN (Association of Southeast Asian Nations), ACCSQ (Consultative Committee for Standards and Quality), NIST (National Institute of Standards and Technology), ITA (International Trade Administration).
The memorandum contains typical grammatical features of diplomatic documents. The most common of them are the use of participles.
Participles are widely used in the memorandum:
“…acting for and on behalf of the Member States of ASEAN…”
“Desiring to further promote the close and friendly relations…”
“Recognizing the contribution of standards and conformance to trade…”
“…and other appropriate matters in detailed implementing arrangements for specific projects”.
From the grammatical point of view, there are 9 of “may”, 3 uses of “shall”, 2 used of “should” and 2 of passive voice constructions in the Memorandum.
Diplomatic documents also characterized by the use of passive voice constructions. Passive constructions which are widely used in diplomatic documents allow abstracting from concrete executors and focusing on the actions and the fact of their execution. The following passive voice constructions are used in the memorandum twice:
“This Memorandum is not intended to be legally binding…”
“…affect the validity or duration of projects under Article 4 of this Memorandum that are initiated prior to such conclusion”.
The diplomatic text is to prescribe legal obligation and duties in an authoritative tone. The modal verb “shall” expresses the meanings of obligation and permission. When used with a negative element, “shall” expresses a strong degree of prohibition. The modal verb “shall” is used in following examples:
“Both Participants expect that cooperative activities undertaken pursuant to this Memorandum shall normally be open…”
“This Memorandum is not intended to be legally binding upon the participants and shall not be used as the basis for the creation of any legal claims”.
The modal verb “may” expresses permission and possibility and explains the rights authorized by the law. These modal verbs are not used to illustrate personal opinion or judgment, and to avoid givin
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