Separate opinions and declarations: the language choices of judges

Traditionally, when countries have disputes, they go to war. Today, instead of resorting to armed force, countries, including member states of ASEAN use language as a dispute resolution mechanism either through diplomatic negotiation or through arbitration or adjudication mechanisms such as the Inte...

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Main Author:	Hafriza Burhanudeen
Format:	Article
Language:	English
Published:	Universiti Kebangsaan Malaysia 2003
Online Access:	http://journalarticle.ukm.my/3121/ http://journalarticle.ukm.my/3121/ http://journalarticle.ukm.my/3121/1/1.pdf

id	ukm-3121
recordtype	eprints
spelling	ukm-31212016-12-14T06:33:39Z http://journalarticle.ukm.my/3121/ Separate opinions and declarations: the language choices of judges Hafriza Burhanudeen, Traditionally, when countries have disputes, they go to war. Today, instead of resorting to armed force, countries, including member states of ASEAN use language as a dispute resolution mechanism either through diplomatic negotiation or through arbitration or adjudication mechanisms such as the International Court of Justice in The Hague, The Netherlands. This paper draws upon Harre and Davies’s concept of positioning to ascertain propositions expressed implicitly or explicitly in the language choices of three Judges representing the International Court of Justice in the Philippines’ request to intervene in the case between Malaysia and Indonesia concerning sovereignty over Pulau Sipadan and Ligitan. Inherent and crucial in the interpretations of the speech acts is the role of context. Here, context refers to not only the linguistic environment of the utterances but also to social and/or legal assumptions that may not be explicitly stated in the data. Data for this paper is extracted from the separate opinions and declarations of Judges Kooijmans, Koroma and Franck in the final judgement regarding the case of Philippines’ intervention in Malaysia’s and Indonesia’s dispute over the two islands. Universiti Kebangsaan Malaysia 2003-01 Article PeerReviewed application/pdf en http://journalarticle.ukm.my/3121/1/1.pdf Hafriza Burhanudeen, (2003) Separate opinions and declarations: the language choices of judges. AKADEMIKA, 63 (1). ISSN 0126-5008 http://www.ukm.my/~penerbit/akademika/arkib.html
repository_type	Digital Repository
institution_category	Local University
institution	Universiti Kebangasaan Malaysia
building	UKM Institutional Repository
collection	Online Access
language	English
description	Traditionally, when countries have disputes, they go to war. Today, instead of resorting to armed force, countries, including member states of ASEAN use language as a dispute resolution mechanism either through diplomatic negotiation or through arbitration or adjudication mechanisms such as the International Court of Justice in The Hague, The Netherlands. This paper draws upon Harre and Davies’s concept of positioning to ascertain propositions expressed implicitly or explicitly in the language choices of three Judges representing the International Court of Justice in the Philippines’ request to intervene in the case between Malaysia and Indonesia concerning sovereignty over Pulau Sipadan and Ligitan. Inherent and crucial in the interpretations of the speech acts is the role of context. Here, context refers to not only the linguistic environment of the utterances but also to social and/or legal assumptions that may not be explicitly stated in the data. Data for this paper is extracted from the separate opinions and declarations of Judges Kooijmans, Koroma and Franck in the final judgement regarding the case of Philippines’ intervention in Malaysia’s and Indonesia’s dispute over the two islands.
format	Article
author	Hafriza Burhanudeen,
spellingShingle	Hafriza Burhanudeen, Separate opinions and declarations: the language choices of judges
author_facet	Hafriza Burhanudeen,
author_sort	Hafriza Burhanudeen,
title	Separate opinions and declarations: the language choices of judges
title_short	Separate opinions and declarations: the language choices of judges
title_full	Separate opinions and declarations: the language choices of judges
title_fullStr	Separate opinions and declarations: the language choices of judges
title_full_unstemmed	Separate opinions and declarations: the language choices of judges
title_sort	separate opinions and declarations: the language choices of judges
publisher	Universiti Kebangsaan Malaysia
publishDate	2003
url	http://journalarticle.ukm.my/3121/ http://journalarticle.ukm.my/3121/ http://journalarticle.ukm.my/3121/1/1.pdf
first_indexed	2023-09-18T19:37:54Z
last_indexed	2023-09-18T19:37:54Z
_version_	1777405394186928128

Separate opinions and declarations: the language choices of judges

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