Cross-Cultural and Linguistic Dynamics in the Deterritorialization of Legal Concepts Through International Commercial Contracts

Abstract The purpose of this article is to examine the process of deterritorialization of legal concepts embedded in international commercial contracts. Typically written in English, these contracts often incorporate concepts derived from common law jurisdictions, given that English is the language of expression for the common law tradition. This underscores the intrinsic interconnection between language and underlying legal concepts. While parties involved in contract drafting may sometimes mitigate this connection by using terms and clauses that do not immediately evoke common law associations, the use of English as the medium for conveying concepts in international commercial contracts does not necessarily facilitate this process. Consequently, legal concepts rooted in specific traditions adapt to new contexts shaped by the linguistic, cognitive, cultural, and legal backgrounds of the contracting parties, those tasked with interpreting the contracts, and the law governing the agreements. This paper illustrates the dynamics of this process through examples drawn from international commercial contracts, focusing on both individual terms and entire contractual clauses. These examples highlight how legal concepts, as expressed in these contracts, evolve within new environments shaped by diverse linguistic, cognitive, cultural, and legal determinants.