Glossary entry (derived from question below)
French term or phrase:
principe d\\\'assimilation
English translation:
no principle enabling A to be likened to B, - A to be assimilated to B
Added to glossary by
Jana Cole
Feb 25, 2017 02:41
7 yrs ago
2 viewers *
French term
principe d'assimilation
French to English
Law/Patents
Law (general)
Décision du Tribunal
Le Tribunal considère qu'il n'existe pas de *** principe d'assimilation*** nécessaire des violations contractuelles aux violations d'un traité bilatéral d'investissement.
Assimilation seems to mean concurrence, but I'm unable to find an english definition of a principle like this.
Le Tribunal considère qu'il n'existe pas de *** principe d'assimilation*** nécessaire des violations contractuelles aux violations d'un traité bilatéral d'investissement.
Assimilation seems to mean concurrence, but I'm unable to find an english definition of a principle like this.
Proposed translations
(English)
| 4 +1 | no principle enabling A to be likened to B, - A to be assimilated to B |
Nikki Scott-Despaigne
|
| 3 | definition of assimilation principle |
tanglsus
|
| 3 | Doctrine of Transformation |
SafeTex
|
Change log
Feb 28, 2017 22:34: Yolanda Broad changed "Term asked" from "principe d\\\'assimilation" to "principe d\'assimilation "
Proposed translations
+1
11 hrs
Nikki Scott-Despaigne
Native in English
Works in field
Psychologist, Court-certified legal
Native in: English 
Works in: French to English
Related KudoZ points
:
451
French term (edited):
principe d'assimilation
Selected
no principle enabling A to be likened to B, - A to be assimilated to B
Although "priniciple of assimilation" exists, I think it is used in sociological and philosophical contexts. Both are found in legal documents too. However, I think that is not really the point here.
I agree with the two discussion posts, that this is about the existence (or rather, the absence or lack of) a principle required (within the context) in order to enable the "violations contractuelles" to be assimilated to the "violations d'un traité bilatéral d'investissement." In this case, this is about the one of the usual meanings of "assimiler"; it is important to get the right one! No worries though. French and English share the relevant meaning as one of the possibles for aassimiler" and "to assimilate".
http://www.larousse.fr/dictionnaires/francais/assimiler/5839 See the second entry, about assimilating X and Y. It is about being able to compare and then consider A and B as having things is common, making it possible to consider them together in certain circumstances. There are possible solutions in English using the verb "to assimilate". See the 3rd definitio here : to compare, to liken. https://www.merriam-webster.com/dictionary/assimilate
I'm not going to suggest a rendering here as I don't know how you are handlng the rest of the sentence, nor the immediate context that follows. I do hope this helps with meaning and you may be able to formulate something intelligible with the suggested synonyms I have posted.
I agree with the two discussion posts, that this is about the existence (or rather, the absence or lack of) a principle required (within the context) in order to enable the "violations contractuelles" to be assimilated to the "violations d'un traité bilatéral d'investissement." In this case, this is about the one of the usual meanings of "assimiler"; it is important to get the right one! No worries though. French and English share the relevant meaning as one of the possibles for aassimiler" and "to assimilate".
http://www.larousse.fr/dictionnaires/francais/assimiler/5839 See the second entry, about assimilating X and Y. It is about being able to compare and then consider A and B as having things is common, making it possible to consider them together in certain circumstances. There are possible solutions in English using the verb "to assimilate". See the 3rd definitio here : to compare, to liken. https://www.merriam-webster.com/dictionary/assimilate
I'm not going to suggest a rendering here as I don't know how you are handlng the rest of the sentence, nor the immediate context that follows. I do hope this helps with meaning and you may be able to formulate something intelligible with the suggested synonyms I have posted.
4 KudoZ points awarded for this answer.
1 hr
French term (edited):
principe d\'assimilation
definition of assimilation principle
PDF]RESEARCH PAPERS IN LAW 3/2005 John A.E. ... - College of Europe
https://www.coleurope.eu/system/files_force/.../researchpape...
Although the Member States retain their discretion in the use of their national
(private law, disciplinary law, administrative law, criminal law) enforcement
regimes, this freedom is further defined by the Court in accordance with the
result sought. The Member States are obliged to provide an enforcement
regime which is effective, proportionate and deterrent in nature. In this, they
are moreover not allowed to discriminate between equivalent national and
European interests (assimilation principle). If a
https://www.coleurope.eu/system/files_force/.../researchpape...
Although the Member States retain their discretion in the use of their national
(private law, disciplinary law, administrative law, criminal law) enforcement
regimes, this freedom is further defined by the Court in accordance with the
result sought. The Member States are obliged to provide an enforcement
regime which is effective, proportionate and deterrent in nature. In this, they
are moreover not allowed to discriminate between equivalent national and
European interests (assimilation principle). If a
Peer comment(s):
| neutral |
writeaway
: this a reference, not an answer and what does it have to do with asker's context?
4 hrs
|
| neutral |
Daryo
: there is SOME parallel, but the ST is about "assimilation" between a contract and an international treaty, NOT between two sets of national laws + this is reference, not an answer/proposed translation
7 hrs
|
| neutral |
Nikki Scott-Despaigne
: Sorry, but I think that you might have missed meaning of the original. The source text says that there exists no "princpie d'assimilation". That is not the same as saying there is no defin° of the principle, so seeking to define the prin. is not relevant.
10 hrs
|
1 day 14 hrs
French term (edited):
principe d\'assimilation
Doctrine of Transformation
The term above is not quite the same thing but I think it is a good contender although normally ONLY used for International law on a national level.
So maybe add "between the two types of contract in question"
"Transformation" is really the only one that works here but see "doctrine of Incorporation" as well.
So maybe add "between the two types of contract in question"
"Transformation" is really the only one that works here but see "doctrine of Incorporation" as well.
Discussion
I would, however, add an 's': There existS no principle according to which... etc.
Trying to find an alternative to 'assimilation', I find this totally unnecessary. Seems to me the term is perfectly appropriate in English as well, but might sound more natural or acceptable if focusing on what action/process is being considered rather than whether or not a term already exists to characterise what is considered, i.e updating, refining or simplifying a classification of breach types.
Something like: " .. there exist no principle according to which breaches of contracts could be assimilated to violations of bilateral treaties on investments."
Penny for your thoughts, everyone...