This thesis investigates the role of language and translation in high-stakes international contexts, focusing on the potentially severe consequences of miscommunication in legal, institutional, and global communication settings. Grounded in the assumption that language is never a neutral instrument, but rather a complex system shaped by cultural, social, and pragmatic factors, the study explores how linguistic misunderstanding can affect fundamental rights, professional practices, and international interactions. The first part of the thesis examines wrongful convictions and unfair trials resulting from inadequate translation and interpreting in criminal proceedings. Through the analysis of emblematic cases, the study highlights how linguistic barriers, minority languages, dialectal variation, and cultural norms are often underestimated within judicial systems, leading to distorted testimonies, misinterpreted evidence, and violations of the right to a fair trial. Particular attention is devoted to the legal frameworks that regulate the right to interpretation and translation, including the European Convention on Human Rights, EU Directive 2010/64/EU, and relevant international instruments, emphasizing both their normative strength and the challenges of their practical implementation. The second part of the thesis shifts focus to international marketing and intercultural communication, where linguistic and cultural misalignment can produce reputational damage, public backlash, or commercial failure. Through the examination of both unsuccessful and successful localization strategies, the analysis demonstrates how cultural insensitivity, stereotypical representations, or inadequate linguistic adaptation can undermine global campaigns, while culturally informed communication can foster engagement and trust. Theoretical models such as Hofstede’s cultural dimensions are employed to frame these dynamics and to underline the strategic value of linguistic and cultural awareness in global branding. The final chapter explores the role of artificial intelligence in specialised translation, assessing its potential and limitations in legal and marketing contexts. By testing AI-based translation tools on domain-specific texts, the study evaluates their accuracy, consistency, and capacity to handle cultural and pragmatic nuance. The findings suggest that, while AI can be a valuable support tool, it cannot replace human expertise in contexts where meaning, responsibility, and rights are at stake. Overall, the thesis argues that effective communication in international contexts requires not only linguistic competence, but also cultural sensitivity, professional training, and critical awareness of technological tools. Miscommunication is shown to be not merely a technical failure, but a structural risk with tangible social, legal, and ethical consequences.
Lost in Translation Miscommunication Across Legal, Intercultural, and International Contexts in the Age of Artificial Intelligence
TORTORA, AURORA
2024/2025
Abstract
This thesis investigates the role of language and translation in high-stakes international contexts, focusing on the potentially severe consequences of miscommunication in legal, institutional, and global communication settings. Grounded in the assumption that language is never a neutral instrument, but rather a complex system shaped by cultural, social, and pragmatic factors, the study explores how linguistic misunderstanding can affect fundamental rights, professional practices, and international interactions. The first part of the thesis examines wrongful convictions and unfair trials resulting from inadequate translation and interpreting in criminal proceedings. Through the analysis of emblematic cases, the study highlights how linguistic barriers, minority languages, dialectal variation, and cultural norms are often underestimated within judicial systems, leading to distorted testimonies, misinterpreted evidence, and violations of the right to a fair trial. Particular attention is devoted to the legal frameworks that regulate the right to interpretation and translation, including the European Convention on Human Rights, EU Directive 2010/64/EU, and relevant international instruments, emphasizing both their normative strength and the challenges of their practical implementation. The second part of the thesis shifts focus to international marketing and intercultural communication, where linguistic and cultural misalignment can produce reputational damage, public backlash, or commercial failure. Through the examination of both unsuccessful and successful localization strategies, the analysis demonstrates how cultural insensitivity, stereotypical representations, or inadequate linguistic adaptation can undermine global campaigns, while culturally informed communication can foster engagement and trust. Theoretical models such as Hofstede’s cultural dimensions are employed to frame these dynamics and to underline the strategic value of linguistic and cultural awareness in global branding. The final chapter explores the role of artificial intelligence in specialised translation, assessing its potential and limitations in legal and marketing contexts. By testing AI-based translation tools on domain-specific texts, the study evaluates their accuracy, consistency, and capacity to handle cultural and pragmatic nuance. The findings suggest that, while AI can be a valuable support tool, it cannot replace human expertise in contexts where meaning, responsibility, and rights are at stake. Overall, the thesis argues that effective communication in international contexts requires not only linguistic competence, but also cultural sensitivity, professional training, and critical awareness of technological tools. Miscommunication is shown to be not merely a technical failure, but a structural risk with tangible social, legal, and ethical consequences.| File | Dimensione | Formato | |
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https://hdl.handle.net/20.500.14251/4968