Monday, October 27, 2008

Word of the Day  逸脱(いつだつ)

Today I learned the word 逸脱、which can mean "deviate from [a provision],” "depart from," or "derogate," depending on the context. Of these three, only "derogate" is usually used to indicate an abrogation or limitation of a right...but 逸脱 isn't limited in this way. It's very useful when talking about the extent to which a provision comports with a norm, a principle, a rule in a model agreement, etc. Here are a few good examples I found:
Example 1:


A developing country Member shall be free to deviate temporarily from the provisions of Article II of this Agreement to the extent and in such a manner as Article XVIII of GATT 1994 permits.

Example 2:


The inspection team shall strictly observe the inspection mandate issued by the Director-General. It shall refrain from activities going beyond this mandate.

Example 3:


In exceptional circumstances Members referred to in Chapter 19 may be given departures from their notified programmes and measures and their time-frame by the Committee if such departures are deemed necessary for the process of transformation.

Example 4:

国連海洋法条約 第三百十一条-66 締約国は、第百三十六条に規定する人類の共同の財産に関する基本原則についていかなる改正も行わないこと及びこの基本原則から逸脱するいかなる協定の締約国にもならないことを合意する。

The Parties agree that there shall be no amendments to the basic principle relating to the common heritage of mankind set forth in article 136 and that they shall not be party to any agreement in derogation thereof.

*BONUS*! It can also apparently be used for "sexual deviation":

性的逸脱 【せいてきいつだつ】 (n) sexual deviation; sexual anomaly

1 comment: