ALE Week 5 – Effective Sentences – PIL – Brexit

2. Academic English – Building Effective Sentences

2.1 Sentence Clarity

  • Unclear writing weakens arguments and hides analysis.

  • In legal contexts, ambiguity can cause unenforceable contracts or misinterpreted laws.

2.2 Sentence Length and Structure

  • English prefers longer sentences than Dutch, but balance is key.

  • Examples of too short, too long, and balanced sentences.

  • Combine short sentences for smoother flow and logic.

  • Cohesion: logical connectors (e.g., therefore, however); avoid overuse.

2.3 Conciseness – Avoiding Wordiness

  • Communicate meaning efficiently.

  • Eliminate:

    • Redundant expressions (e.g., each and every).

    • Long phrases (due to the fact that → because).

    • Nominalisations (to make a decision → decision-making).

  • Examples comparing wordy vs. concise sentences.

2.4 Word Choice and Tone

  • Formal, modern, and professional tone.

  • Move away from archaic and pompous language.

  • Replace old-fashioned terms (hereinafter → from now on; aforesaid → mentioned above).

  • Avoid overly informal or excessively formal phrasing.

2.5 Correctness – Grammar and Collocations

  • Fixed legal collocations: accuse of, liable for, entitled to, bring a case to court, etc.

  • Must be memorised for accuracy.

2.6 Exercises

  • Identify and improve wordy, archaic, or overly formal legal sentences.

  • Practice simplifying complex legal definitions (e.g., definition of torture).

  • Focus on removing nominalisations, Latinisms, and redundancies.

3. Legal English – Public International Law (PIL)

3.1 Core Concepts

  • Sources of international law: treaties, custom, state practice, opinio juris.

  • Principles: pacta sunt servanda, jus cogens, erga omnes.

  • Topics: state responsibility, use of force, Security Council, soft law, monism vs. dualism, jurisdiction, immunity.

3.2 Case 1 – Chagos Islands (UK v. Mauritius)

  • UK separated Chagos Islands before Mauritian independence.

  • ICJ advisory opinion requested by UN.

  • Issues: Breach of self-determination; consequences for UK and other states.

  • Outcome: Separation unlawful; UK must end administration; all states must cooperate to complete decolonisation.

3.3 Case 2 – Nicaragua v. United States (1986)

  • US supported Contras, mined Nicaraguan harbours.

  • Issues: Unlawful use of force; self-defence; attribution and effective control.

  • Outcome: ICJ found US violated non-intervention and sovereignty; no valid self-defence; reparations ordered.

3.4 Case 3 – Corfu Channel (UK v. Albania)

  • British warships hit mines in Albanian waters; UK later conducted secret evidence gathering.

  • Issues: Right of innocent passage; Albania’s duty to warn; UK’s violation of sovereignty.

  • Outcome: Albania liable for failure to warn; UK violated sovereignty by covert operation.

4. Legal English – Human Rights Law

4.1 Core Concepts

  • Court: European Court of Human Rights (ECHR).

  • Key Principles: subsidiarity, margin of appreciation, proportionality, qualified vs. absolute rights, derogations, admissibility, exhaustion of remedies, victim status.

  • Effects: direct, horizontal, just satisfaction, interim measures, “living instrument” doctrine.

4.2 Case 1 – Rwanda Asylum Policy (UK Supreme Court)

  • UK planned to send asylum seekers to Rwanda.

  • Issues: Safety of Rwanda as third country; risk of refoulement; procedural fairness.

  • Outcome: Policy unlawful due to real risk of refoulement and unfair procedures.

4.3 Case 2 – Carpenter v. United States (2018)

  • Police obtained cell-site data without a warrant.

  • Issues: Is accessing CSLI a search? Applicability of third-party doctrine to digital data.

  • Outcome: Warrant required; CSLI access constitutes a search; privacy still protected.

5. UK Society – From Referendum to Referendum: Britain’s Political Crossroads

5.1 Austerity

  • Policy post–Great Recession; public spending cuts from 2010 onwards.

  • Goal: reduce deficit; shrink welfare state.

Economic Effects:

  • Wage stagnation; productivity decline; recession return (2023).

Social Effects:

  • Cuts to arts, housing, welfare, and health services.

  • Rising poverty, homelessness, and mental health crises.

5.2 London Riots (2011)

  • Causes: austerity, youth service cuts, policing inequalities.

  • Government reaction: “criminality pure and simple.”

  • Lasting effects: harsher policing, reduced protest tolerance, increased authoritarian approach.

5.3 Scottish Independence Referendum (2014)

  • Causes: SNP rise, devolution debates, democratic deficit.

  • YES Campaign: self-determination, social justice, end austerity, anti-nuclear stance.

  • NO Campaign: economic risks, EU membership uncertainty, currency doubts.

  • Campaign Strategies: YES = grassroots and social media; NO = data-driven, “Project Fear.”

  • Result: Majority voted NO.

  • Aftermath: SNP dominance; 2016 Scotland Act; renewed EU-related tensions leading to Brexit context.

6. Brexit

6.1 Causes of the Referendum

  • Historical background: from ECSC (1951) to EU (1993).

  • Growing euroscepticism across decades (Labour → Conservatives → UKIP).

  • Cameron’s 2015 pledge to hold referendum under pressure from UKIP and party divisions.

6.2 The Referendum (2016)

  • Leave Campaign: “Vote Leave, Take Control” – sovereignty, immigration, £350m for NHS.

  • Remain Campaign: “Britain Stronger in Europe” – focused on risks, lacked positive vision.

  • Result: 23 June 2016 – UK votes to leave the EU.

6.3 Brexit Negotiations

  • Theresa May (2016–2019):

    • Invoked Article 50; Chequers Plan (“soft Brexit”); failed to pass deal.

    • Resigned June 2019.

  • Boris Johnson (2019–2021):

    • Suspended Parliament (ruled unlawful).

    • Won 2019 election; pushed Brexit deal through.

    • UK left EU on 31 Jan 2020; transition until Dec 2020; full exit Jan 2021.