Wednesday, January 03, 2024

Le mot juste

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We relied primarily on these USTR [United States Trade Representative] officials in the Office of China, Affairs, the Office of Innovation and Intellectual Property, the Interagency Center on Trade Implementation, Monitoring, and Enforcement, and the Office of the General Counsel, and their work was invaluable in ensuring that there were no gaps between the English text and the Chinese text.

Although there were extensive battles over the translations of various terms, the most difficult fight was over whether the term "ying" or "jiang" should be used as the Chinese translation for "shall" in numerous instances throughout the agreement. Our Chinese-language experts at USTR insisted that "ying" was the appropriate Chinese term to use for "shall" because it represented an obligation, whereas "jiang" represented the future tense relating to something a party merely planned to do in the future. However, the Chinese side vehemently disagreed, arguing that the use of "ying" was inappropriate and even insulting. We even decided to consult outside Chinese language experts on this issue, including one who had worked on important agreements with China over several decades while serving with the US embassy in Beijing. They all confirmed that if we wanted the term to convey obligation, we should continue to insist on using "ying." That is exactly what we did. After several conference calls between Ambassador Gerrish and Vice Minister Liao on this issue, the Chinese finally relented and agreed to use "ying." As we went through this "ying versus jiang" discussion internally at USTR, I asked my staff to bring me the famous cyber-intrusion agreement that President Obama had made with President Xi. I wanted to see which Chinese word that agreement had used. After some delay and checking around the government, my staff discovered that neither word had been used in Obama's agreement. That was because the agreement had never been written down. There had not even been a joint press release agreed to. This vaunted "agreement" was nothing but a US press release. I realized again why the Chinese side was so surprised by our approach. They were used to dealing with Americans who were more interested in a show than actual enforceable agreements.

- Robert Lighthizer, No Trade is Free: Changing Course, Taking on China, and Helping America’s Workers. New York, NY: Broadside Books, 2023. (via Language Log)


2 comments:

Chuck Pergiel said...

This is so great I stole the entire thing and posted it on my blog.

ambisinistral said...

LOOL -- well, I swiped a fair amount of Language Log's post, so it's only fair.