Legal English

Vocabulary list

Human Rights

Universal rights that all human beings have which you can't lose and without discrimination

Effective remedies

Practical legal measures to enforce rights, address violations and achieve justice

Absolute right

No restrictions can be made

Limitation

A restriction that can be made when it is provided for by law, necessary and respects other rights and national security

Derogation

In state of emergency there can be a suspension of a right (temporary)

Freedom of expression

The right to hold opinions without interference

General Comment

Statement by the Committee on Economic, Social and Cultural Rights which is not legally binding and they help states how to interpret law

General Assembly

Organ of the UN and they deliberate on international issues and make recommendations

Security Council

Organ of the UN 15 members, including five permanent members with veto power, they have to maintain international peace and security

Veto power

A legal power to unilaterally stop an official action

International Court of Justice

Organ of the UN that settles legal disputes between states, to be found in the Statute of the International Court of Justice

Charter

Agreement between 2 or more sovereign nations ⇒ an international treaty

Sovereign Equality

All sovereign countries are the same and have equal standing

Sovereignty

The power of the state to self govern

Principle of non-intervention

Prohibits states from intervening in the internal or external affairs of other states

Self defence

A response to being under an ongoing or imminent armed attack (Necessity + Proportionality + Report immediately)

Security council mandate

Authority granted by the UN Security Council for actions, such as peacekeeping or enforcement, to maintain international peace and security

Collective self defence

States work together to defend each other against aggression

Anticipatory

Preemptive strike: take measures before the attack actually happens

International Customary law

General state practices and behaviours followed out of a sense of legal obligation 'opinio juris'

State practice

The general and consistent actions of states

Opinio juris

Opinion of law, the belief that such practices are legally required

Convention

A treaty (agreement between States)

Exclusive Competence

Areas in which the EU alone is able to legislate and adopt binding acts

Shared competence

Both EU and member states can legislate.

Principle of preemption

Member States may exercise their competence only to the extent that the EU has not exercised its own

Supporting competence

The EU’s ability to support, coordinate or complement actions of member states without superseding their authority

EU internal market

Free movement of goods, services, capital and people (single market)

Treaty

A legal binding agreement between two or more sovereign states

General principles of law

Fundamental principles recognized by civilized nations

Schengen agreement

A treaty which led to the creation of Europe's Schengen Area, in which internal border checks have largely been abolished

Official institutions of the EU

7 EU institutions

European Convention on Human Rights (ECHR)

A convention about the human rights created by the Council of Europe (living instrument: constant evolution)

Right to life

Protects the right to life, stating that everyone's right to life shall be protected by law. No one shall be deprived of their life intentionally

Right to Respect for Private and Family Life

The right to respect for one's private and family life, home, and correspondence without interference

Negative obligation

Duty to not act, to not interfere with something

Positive obligation

Duty to act, to take actions

Discrimination

To treat someone differently in similar situations based on certain grounds or characteristics without legal basis

Judicial Decision

Not binding, decisions from courts can help interpret and apply international law, providing guidance and clarification

Scholarly writings

Writings by legal scholars that can help interpret and apply law, providing guidance and clarification

Signature

Signing a treaty indicates the state's intention to be bound by it, subject to ratification.

Ratification

After signing, a state ratifies the treaty according to its domestic procedures, signalling its formal consent to be bound by the treaty

Accession

A state can later join a treaty and be bound by it through accession.

Exchange of Instruments

States may express consent through the exchange of instruments, such as letters or notes

A reservation

Unilateral statement made by a state when they want to be exluded from a specific provisions in a treaty

Pacta Sunt Servanda

Fundamental principle of international law, meaning "agreements must be kept." It signifies that treaties and agreements are binding on the parties and must be performed in good faith

Equidistance principle

A legal concept in maritime boundary claims

Right to freedom of movement

All EU citizens and their family members have the right to move and reside freely within the EU

Euro-zone

Countries that currently use the euro as the official currency

Roaming

The extension of service or coverage in a wireless telecommunications system ==> free in the EU

Power to legislate

The authority given to a governing body to create, amend, or repeal laws within its jurisdiction

ECCS

European Convention for Constructional Steelwork

Member States

Countries that are part of a larger political or economic organization

Preliminary reference

Request to the Court of Justice to interpret the law; national courts asking a question to the Court of Justice

Declaration

A formal statement or announcement to express an intention or position (not always legally binding)

Right to education

This right encompasses the 4 A’s

Right to education: availability

Adequate educational institutions and programs must be available

Right to education: accessibility

Education must be accessible to all without discrimination

Right to education: acceptability

The content of education must be relevant, culturally appropriate and of quality

Right to education: adaptability

Education must be flexible to the needs of diverse learners and changing societies

UN Charter

Codifies the major principles of international relations and defines the aims and structure of the UN

EU Competence

The power to legislate and adopt legally binding acts

European Court on Human Rights (ECtHR)

A court that interprets the human rights written in the ECHR

Justification of discrimination

Legitimate aim and proportionate (suitable, neccessary and balance between pros and cons)

Acceptance/approval

Formal agreement by a state to be legally bound by the terms of a treaty or international agreement (similar to ratification)

Provisional application

The temporary implementation of a treaty or agreement before it is formally ratified or enters into force