Проблеми юридичної терміносистеми в англійській мові

"We're short on grain. Maybe you could commerce out the flour to some of those brokers and get me enough grain to fill these orders."

Сема торгівлі у дії/мовленні представлена в парадигмах trade та commerce по-різному. Корінь слова commerce зустрічається в різних частинах мови.

Пор.: "This simplified the bookkeeping of the various firms, and made for quicker and more stirring commercial transactions."

"The country was waiting for Vicksburg to fall, for the Army of the Potomac to prove victorious, when Pennsylvania was invaded by Lee--when stocks fell and commercial conditions were very bad generally. In times like these Cowperwood's own manipulative"

"It destroyed the banks, the commercial houses, the shipping conveniences, and vast stretches of property."

Корінь trade реалізується в іменниках та дієсловах:

"George was for sending him out into the rural districts to drum up trade, and this was eventually done."

"Cowperwood was only twenty-five at the time, a cool, determined youth, who thought the slave agitation might be well founded in human rights--no doubt was--but exceedingly dangerous to trade."

"Later in the history of the exchange the chairs were removed and at different points posts or floor-signs indicating where certain stocks were traded in were introduced."

"When Mr. Semple was alive she had been socially connected with tradesmen principally--retailers and small wholesalers--a very few."

"Mr. Cowperwood was an active young man with an enviable record as a broker and a trader on 'change."

Слово trade та його похідні зустрічаються в творі Т. Д.райзера "Фінансист" частіше, ніж периферійні терміни торгівлі (за результатами аналізу 322 сторінок англійського художнього тексту). Аналіз зазначених слів у художньому дискурсі Т. Д.райзера свідчить про експансію лексеми trade:

brisk trade; export trade; fair trade; foreign trade; free trade; home trade; lively trade; retail trade; slave trade; wholesale trade; trade off; trade down; trade in; trade up; drum up trade; conduct trade; engage in trade; to lose trade.

Наприклад: "They had been for slavery. They were for free trade. It never once occurred to him that these things had nothing to do with the local executive and financial administration of Philadelphia."

"Later in the history of the exchange the chairs were removed and at different points posts or floor-signs indicating where certain stocks were traded in were introduced."

Сполучувальність commerce значно поступається лексемі trade: home commerce; local commerce; set in commerce; to burden commerce.

Наприклад: "It was not good for Philadelphia, for local commerce, etc., to make a row."

У лексикографічних джерелах фокусується увага на першому значенні терміну "trade" - "the activity of buying and selling, or sometimes bartering, goods". Значення "a particular area of business or industry" подається другим "the exchange of one thing for another, usually of the same value" подається третім [Макмілан]. Емпіричний матеріал твору Т. Д.райзера "Фінансист" підтверджує подібне функціонування.

Термін "торгівля" у художньому творі "Фінансист" позначається такими лексемами як trade, commerce, truck, swap та їх еквівалентами. Так, слово " trade", на відміну від периферійних термінів торгівлі, має ширший спектр сполучуваності, та є більш вживаним, про що свідчать результати проведеного дослідження.

Висновки

Лексикографічні Джерела

42. Hornby A. S, Oxford Advanced Learner's Dictionary of Current English, ' Москва: Русский язык, 1982 с 768 р.

43. Macmillan Dictionary

44. New Webster's Expanded Dictionary. - P. S.I. - Associates, Inc. Miami, Florida, USA, 1992.382 p.

45. Tuck Allene, Ashby M,, Oxford Dictionary оf Business English. Oxford University Press, 1994.491 p.

46. Zhollaya L. R, Lubimtsev S N.russian - English Phrasebook on Foreign Economic Relations. - Moscow: Russian Language, 1993.117 p.

47. Гальперин И.Р. Большой англо-русский словарь, Москва. Русский язык 1977, 1725 р.

48. New Webster's Dictionary and Thesaurus of the English Language. Lexicon Publications, Inc. - Danbury, CT Revised and updated, 1993. - 1148р.

49. Кларк П.М. Українсько-англійський словник бізнесових термінів, - Центр по вивченню іноземних мов Саскачаванського ун-ту, 1979. - 272с.

Додатки

Додаток 1

Semantic components of the word "trade"

Додаток 2

Glossary

Ad valorem: An ad valorem duty (tariff, charge, and so on) is based on the value of the dutiable item and expressed in percentage terms.

Aggregate Measure of Support: Measure of the total support given to an activity as a result of policies such as production subsidies and market price support policies.

Anti dumping: Trade policy used by importing governments to counteract dumping, for example by imposing duties or negotiating price increases.

Capacity-building: In trade context, activities supported by the donor community aimed at strengthening the ability of stakeholders in developing countries to develop national trade policy.

Cartel: Arrangement between firms to control a market - for example, to fix prices or limit competition between members of the cartel.

Ceiling binding: Often used to describe a situation where there is a large difference between the tariff that is actually applied and the level at which the tariff is bound. .

Compensatory Adjustment: Measure taken, after withdrawing of a (tariff or other) concession, to compensate for such withdrawal.

Competition policy: Legislation and regulations designed to protect and stimulate competition in markets by outlawing anticompetitive business practices such as cartels, market sharing or price fixing.

Contestability: A market is contestable if new suppliers can enter it easily.

Contingent Protection: Trade barriers that are imposed if certain circumstances (contingencies) are met.

Copyright: Instrument to protect the right of authors of original works (print, audio, video, film, software) from unauthorized copying and use.

Counter trade: Form of barter committing the exporter to offset the value of his exports, in whole or in part, by imports from his trading partner.

Countervailing Duty: Duty levied on imports of goods that have benefited from production or export subsidies.

Customs Duty: Charge levied on imports and listed in importing country's tariff schedules.

Customs Valuation: Establishment, according to defined criteria, of the value of goods for the purpose of levying ad valorem customs duties on their importation.

Decoupling: Action to ensure that subsidies to producers (usually farmers) are unrelated to production so as to provide no incentive to increase production.

Deep integration: Inter-governmental cooperation in designing and applying domestic policies such as taxes, health and safety regulations, and environmental standards.

Deficiency Payment: Direct monetary payment by government to producers to compensate for the difference between the market price of a good and a higher guaranteed price for that good.

Degressivity: Mechanism to ensure that the application of a measure gradually becomes less severe over time.

Dumping: A form of price discrimination by which the export price of the product exported from one country to another is less than the comparable price.

Economic needs test: Measure requiring a demonstration that an import (of goods, but more usually, natural service providers) cannot be satisfied by local producers or service providers.

Effective Rate of Protection: A measure of the protection afforded by an import restriction calculated as a percentage of the value added in the product concerned.

Escape Clause: Clause in a legal text allowing temporary derogation from its provisions under certain specified emergency conditions.

Exchange Control: Restrictions imposed by a government or central bank over the holding, sale, or purchase of foreign exchange.

Exhaustion: Policy stance of a country regarding parallel imports of goods protected under intellectual property rights.

Export Processing Zone: A designated area or region in which firms can import duty-free as long as the imports are used as inputs into the production of exports.

Export promotion: A strategy for economic development that emphasizes support for exports through removal of anti-export biases created by policy.

Externality: Occurs when the action of one agent (person, firm, government) affects directly other agents, making them better or worse off.

Fast track. A procedure under which the U. S. Congress agrees to consider implementing legislation for international trade agreements on an `up or down" basis, that is, gives up its right to propose amendments.

Foreign trade zone: An area within a country where imported goods can be stored or processed without being subject to import duty.

Formula Approach: Method of negotiating down tariffs or other barriers to trade by applying a general rule (formula).

Free on board (f. o. b): The price of a traded good including its value and the costs associated with loading it on a ship or aircraft.

Free-Trade Area: A group of countries in which the tariffs and other barriers are eliminated on substantially all trade between them.

Geographical indication: Measure aimed to protect the reputation for quality of goods originating in a particular geographic location by limiting the use of distinctive place names or regional appellations to goods actually produced in those locations.

Government Procurement: Purchasing, leasing, rental, or hire purchasing by government entities or agencies.

Graduation: Concept linking the rights and obligations of a developing country to its level of development.

Grandfather Clause: A clause exempting signatories from certain treaty obligations for legislation or regulations that were adopted before accession to the treaty and that are inconsistent with the treaty.

Impairment: Damage to, or weakening of, benefits accruing under contractual rights and obligations.

Import Substitution: Theory of and approach to development that focuses on providing domestic substitutes for all imported manufactures via trade protection and various types of industrial policies.

Infant Industry: Infant industry arguments suggest that new (non-traditional) industries must be protected from import competition while they are establishing themselves.

Intra-industry trade: Trade in which a country both exports and imports goods that are classified to be in the same industry.

Labeling: Requirement, either mandatory or voluntary, to specify whether a product satisfies certain conditions relating to the process by which it was produced.

Licensing (of imports or exports): Practice requiring approval to be granted by the relevant government authority, or by a body designated by such authority, as a prior condition to importing or exporting.

Linking Scheme: An import licensing requirement that forces an importer to purchase specified amounts of the same type of product from domestic producers before they can apply for import licenses.

Market Access: Refers to the conditions under which imports compete with domestically produced substitutes.

Matching grant: Subsidy that is conditional on a co-payment or contribution by an industry or enterprise.

Markup: A measure of the difference between unit price of a good and its marginal cost of production.

Mutual Recognition. The acceptance by one country of another country's certification that a product has satisfied a product standard.

National Treatment: Principle that foreign goods, services, and persons (investors), once they have entered a country and satisfied any formalities that are required, are treated in exactly the same way as national goods, services or persons.

Necessity test: Procedure to determine whether a policy restricting trade is necessary to achieve the objective that the measure is intended to attain.

Negative list: In an international agreement, a list of those items, entities, products, etc. to which the agreement will not apply, the commitment being to apply the agreement to everything else.

Nominal rate of protection: The proportion by which the (tariff-inclusive) internal price of an import exceeds the border or world price.

Noneconomic objective: Describes situations where a policy objective is other than the efficient allocation of resources.

Nontariff barrier: A catch-all phrase describing barriers to international trade other than the tariffs.

Nontariff measure: Any government action with a potential effect on the value, volume, or direction of trade.

Normal Value: Price charged by an exporting firm in its home market.

Offset Requirement: Requirement, stipulated by the authorities of the importing country, that exporters to that country compensate for their exports by.

Origin Rule: Criterion for establishing the country of origin of a product.

Parallel imports: Trade that is made possible when a good that is protected under intellectual property provisions (patents, copyrights) is sold in different countries for different prices.

Para Tariff: Charges on imports that act as a tariff but are not included in country's tariff schedule.

Partial Equilibrium Analysis: The study of one market in isolation, assuming that anything that happens in it does not materially affect any other market.

Patent: A right granted to its owner to exclude all others from making, selling, importing or using the product or process described in the patent for a fixed period of time.

Positive List: In an international agreement, a list of those items, entities, products, etc. to which the agreement will apply, with no commitment to apply the agreement to anything else.

Predatory pricing: Action by a firm to lower prices so much that rival firms are driven out of business, after which the firm raises prices again to exploit the resulting monopoly power.

Preshipment inspection: Mechanism under which goods are inspected and certified in the country of origin by specialized inspection agencies or firms.

Price discrimination: The practice of charging different customers different prices for the same good in order to exploit their different degrees of enthusiasm for it.

Price undertaking: Commitment by an exporter to either raise prices or reduce sales in a market as a way of settling an antidumping suit brought by import-competing domestic firms.

Producer support estimate: A measure of the aggregate value of the gross transfers from consumers and taxpayers to farmers due to policy measures.

Protocol of Accession: Legal document recording the conditions and obligations under which a country accedes to an international agreement or organization.

Quota rent: The economic rent received by the holder of a right to import under a quota.

Real exchange rate: The nominal exchange rate adjusted for inflation.

Rent-Seeking: Refers to activities that use resources to obtain incomes through transfers but which do not increase national income.

Retaliation: Imposition of a trade barrier in response to another country increasing its level of trade restrictions.

Rollback: The phasing out of measures inconsistent with the provisions of an agreement.

Selectivity: Application of a rule, regulation, or trade action on a discriminatory basis to certain countries.

Shallow integration: Reduction or elimination of border barriers to trade.

Specific tariff: A specific duty (tariff, import tax) expressed in terms of a fixed amount per unit of the dutiable item.

Specificity: A policy measure that applies to one or a subset of enterprises or industries as opposed to all industries.

Standard: Rule, regulation or procedure specifying characteristics that must be met by a product (such as dimensions, quality, performance, or safety).

State Trading: Trade by a government agency or enterprise or by an enterprise to which the government has granted exclusive or special privileges in respect of international trade.

Standstill: A commitment not to take any new trade restrictive or distorting measure.

Strategic trade policy: The use of trade policies to alter the outcome of international competition in a country's favor, usually by allowing its firms to capture a larger share of industry profits.

Structural Adjustment: Process of reallocating resources and changing the structure of production and employment of a national economy to reflect changing economic policies or trading conditions.

Subsidy: Assistance granted by government to the production, manufacture or export of specific goods, and taking the form either of direct payments, such as grants or loans (also see Bounty), or of measures having equivalent effect, such as guarantees, operational or support services or facilities, and fiscal incentives.

Sunset clause: Provision in a legal instrument limiting the duration of validity of a particular measure or policy.

Tariff Equivalent: Measure of the protective effect of an NTB-the tariff that would have the exact same effect on imports as the NTB.

Tariff Escalation: Occurs if the tariff increases as a good becomes more processed.

Tariff Peaks: Tariffs that are particularly high, often defined as rates that exceed the average nominal tariff by a factor of more than three.

Technical Regulation: A mandatory requirement or standard specifying the characteristics that an imported product must meet.

Temporary Admission: Customs regime under which firms may import intermediates duty free if use in export production, and are required to document ex post that imports have been used for this purpose.

Terms of Trade: The price of a country's exports relative to the price of its imports.

Total factor productivity (TFP): A measure of the output of an industry or economy relative to its inputs. of this measure.

Trade capacity: The supply-side ability (capacity) of a country to benefit from the opportunities offered by the world market and MFN or preferential access to markets.

Trade creation: Occurs when liberalization results in imports displacing less efficient local production and/or expanding consumption that was previously thwarted by artificially high prices due to protection.

Trade diversion: Occurs when a trade reform discriminates between different trading partners and a less efficient (higher cost) source displaces a more efficient (lower cost) one.

Trade integration: Process of reducing barriers to trade and increasing participation in the international economy through trade.

Trademark: Distinctive mark or name to identify a product, service or company.

Transaction Value: Used for customs valuation purposes-the price of a good actually paid or payable.

Transparency: Clarity, openness, predictability and comprehensibility (used in regard to individual trade-related regulations and operation of institutions).

Value added: The value of output minus the value of all inputs used in production.

Variable Levy: Variable import charge that brings the import price of a good into line with or above a decreed internal price to protect domestic production from import competition.

Voluntary Export Restraint: Informal agreement between an exporter and an importer, whereby the former agrees to limit exports of a specified good to avoid dislocation of the industry in, and possible imposition of mandatory restrictions by, the importing country.

Waiver: Authorized deviation from a previously undertaken and legally binding obligation.