Article 87 of the Code declares all translated versions of the Code to be "equivalent in force, meaning and authority." I'm curious about what happens if there is a difference in meaning between two (or more) authentic versions of the Code. So far, I could only find one Opinion of the Commission on this question (No. 2456), and the Commission even avoided pronouncing itself on the difference.
So, is anyone aware of any other relevant Opinions (or sources generally, for that matter)?
Source: Case 3669 and Opinion 2456 (https://www.iczn.org/cases/all-cases/case/3669)
Article 87 is quoted in full below:
Article 87. Official Texts
The Commission may authorize the publication of the Code in any language and under such conditions as it may decide. All such authorized texts are official and are equivalent in force, meaning and authority to the English and French texts [Art. 86.2]. If it appears that there is a difference in meaning between official texts, the problem is to be referred to the Commission, whose interpretation shall be final.
-- That, then, is the answer: Refer the problem to the Commission. It used to be that the French and English texts were equivalent in authority, but all others were not: Times have changed.
Andrew K. Rindsberg I am aware of that part of the provision but my question goes more to how the Commission would then resolve this conflict of meaning. Put differently, I'm wondering where there is any sort of methodology on which the Commission would rely, or whether they just do as they see fit.
Ah, light dawns. I'm not a member of the Commission, but having read previous deliberations, they would probably take it on a case-by-case basis. In the simplest case, where the difference between versions is only apparent, one or more members would explain that to the person asking. (If the translation were intelligible to only one member, that person might be delegated the task of replying.) If the question brings up a real problem, the Commissioners might have to debate the issue among themselves, presumably by email, and revise that authorized version. The Commission does avoid hamstringing itself, preferring to keep its options open. In the past, the French and English versions had equal authority, but others (e.g., the German version) had to defer to them in case of questions. Now, with all authorized versions having equal weight, including languages that are not as close in structure as French and English, it's easy to see how such problems could arise.
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