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Teacher : karadaniz wafia

Cours : legal terminology

The object of study:

- A study of the requirements of the English

Legal Terminology Measure (ELTM) for a
public law

- get a preliminary concept of law public

-Get a general idea On public law topics

- Acquisition of a new terms on the subject of

legal terminology in public law

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Annonces Forum

Lesson 1

Text no 1: Public Law

Law, a vast and complex field, is divided into

several categories, among which public law
stands out. This field has a clearly defined
purpose, encompassing several essential facets.
Exploring the nuances of this specific area of
law is essential to a thorough understanding of
its implications. When it comes to public law
disputes and litigation, the services of a
specialist lawyer are often indispensable... but
let's take a closer look at what public law is all
about.

1- definition of public law

A general classification of law concerned with

the political and sovereign capacity of a state. It
is that area of constitutional administrative,
criminal, and international law that focuses on
the organization of the government, the relation
between the state and its citizens, the
responsibilities of government officials, and the
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relations between states. It is concernes with

political matters, including the powers, rights,
capacities, and duties of various levels of
government and government officials.

2- Private law:

that portion of the law that defines, regulates,

enforces, and administers relationships among
individuals, associations, and corporations. As
used in distinction to public law, the term means
that part of the law thay is administered
between a citizen and another citizen, or that is
concerned with the definition, regulation, and
enforcement of rights in cases where both the
person in whom the right inheres and the person
upon whom the obligation rests are private
individuals.

3- the difference between public law and private

law:‫اساس التمييز بين القانون العام والخاص‬

The key difference between the two branches of

law lays in where the state/ the government’s
position in her relationship with other legal
persons, if she is practicing her power as
highauthority we are dealing laws that belong to
public law, if otherwise it is privet law.
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2-Branches of public law

The field of public law encompasses various

branches, including in particular :

- Administrative law

- Constitutional law

- Criminal law

- Economic Public Law

- Public international law.

- Environmental law

- International Humanitarian Law

- Intellectual property

Let's take a closer look at some of these areas.

Lesson 2

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Text no 2 : Economic Public Law

The state has a major role in leading and

directing the economy to achieve development
goals, as many countries adopted the policy of
planning as a means of economic development
in the post-World War II period, whether
capitalist or socialist.

Although economists differ on the manner and

size of intervention, they agree that there is a
minimum level of intervention that the state
must undertake, and therefore the forms, nature
and size of intervention varied from one country
to another and from one era to another, given
the developments that occurred in the
international arena.

1-Basic concepts of economic public law :

1- Economical activity : ‫النشاط االقتصادي‬

It is a contemporary economic system based on

many economic units that produce, distribute,
and circulate the products needed to satisfy
individual and collective needs, or in other
words, produce, exchange, distribute, and
consume.
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2- Economic sphere : Economic legislation and

laws regulating economic activity

3- State : ()‫ الدولة‬A state In legal terms, it is a

political body that enforces its sovereignty over
its subjects within its territory, In economic
terms, it collects public revenues and disburses
expenditures to maintain economic stability.

4- Law: It is the set of texts issued by the

legislative authority regulating various fields
that affect the life of the individual and the
group, whether inside or outside the state

5- public: Jurisprudence divides law into

public law and private law

6- Public law (‫)القانون العام‬: It is the set of rules

that regulate the relations to which the state is a
party as a sovereign authority.

7- Private law (‫ )القانون الخاص‬:It is the set of

rules that regulate relations between individuals
or between them and the state as a private
person rather than as a sovereign authority.

8- economic:)‫(االقتصادي‬

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It is the field in which the legislator intervenes

by regulating or is the set of legal, technical,
financial and human tools that intervene in the
process of producing wealth and satisfying
various needs.

General economic law is considered one of the

branches of public law, and its emergence and
development is associated with the state's
intervention in the economic field from its role
as a guardian, contractor, contributor, and
control.

2-Definition of economic public law:

Many definitions have endeavored to provide

various definitions of economic law, the common
denominator of which is that public economic
law is based on the intervention of public
authorities in economic activity, not as a private
party subject to private law, but as a holder of
power and sovereignty, which makes it subject
to public law.

Economic law, with its coverage of industry,

commerce, agriculture, services and monetary
transactions, is a broad law, as it is defined as "a
set of legal and regulatory rules that organize,
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define, control and frame economic activities

from production, sale, marketing, transaction,
commercial contract, whether this activity is at
the national level or outside the national
borders, whether the state or one of its branches
is an element in it as a public authority or as a
private party to which the private trader and
trader is subject.

‫“القانون االقتصادي بشموليته للصناعة والتجارة والزراعة‬

‫والخدمات والمعامالت النقدية يعد قانون واسع النطاق حيث يعرف‬
‫على اساس " مجموعة من القواعد القانونية والتنظيمية التي‬
‫تنظم وتحدد وتضبط وتؤطر االنشطة االقتصادية من انتاج وبيع‬
‫ ان كان هذا النشاط على المستوى‬،‫ عقد تجاري‬،‫ معاملة‬، ‫وتسويق‬
‫ سواء كانت الدولة او احد‬،‫الوطني او خارج حدود الوطن‬
‫تفرعاتها عنصر فيه كسلطة عمومية او كانت كطرف خاص‬
”‫يخضع له التاجر والمتعامل الخاص‬

3- Facets of economic law:)‫(اوجه القانون االقتصادي‬

National economic law:(‫ )القانون االقتصادي الوطني‬It

is the law whose contents and the nature of its
provisions are determined by the state, based on
the principle of sovereignty in the management
of economic affairs.

‫ من‬،‫(هو القانون الذي يحدد مضامينه وطبيعة احكامه الدولة‬

)‫منطلق مبدأ السيادة في ادارة الشان االقتصادي‬
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International Economic Law:‫(القانون االقتصادي‬

)‫ الدولي‬It regulates economic relations and ties
between states and between the latter and public
financial institutions (International Monetary
Fund, World Bank, World Trade Organization),
or regional and international organizations and
international economic groupings and
federations (European Union).

‫(هو الذي ينظم العالقات والروابط االقتصادية بين الدول اوبين هذه‬
‫ البنك‬،‫االخيرة والمؤسسات المالية العامة ( صندوق النقد الدولي‬
‫ او المنظمات االقليمية والدولية‬،)‫ منظمة التجارة العالمية‬،‫العالمي‬
))‫والتجمعات واالتحادات االقتصادية الدولية (االتحاد االوروبي‬

In short, it is a law that regulates the economic

relations that arise between subjects of
international law.

4-Objectives of economic law:

Organizational law: What was once a directive

economic law (planning, price fixing, foreign
trade monopolies) has become a regulatory law
so that the state no longer controls the market.

Conciliatory law: It reconciles conflicting and

divergent interests by emphasizing economic
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freedom while setting limits.

Safety law: Develops plans to face the risks

resulting from economic possibilities.

5-Principles of Public Economic Law‫مبادئ القانون‬

:‫العام االقتصادي‬

The principle of freedom of industry and trade:

This principle is the legal basis for freedom of
competition, which includes the freedom of the
individual to engage in any commercial,
industrial or artisanal activity, as well as the
freedom to establish any institution in various
activities, provided that trade laws are observed.

This principle was marginalized in Algeria in

light of the state's monopoly on economic
activity, but after the trend towards a market
economy, the field of private investment was
opened and the freedom of trade and industry
was recognized.

The principle of protecting property rights: It is

a constitutionally enshrined principle that
allows the individual the freedom to acquire and
dispose of property in a manner that does not
conflict with the requirements of laws and
regulations.
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The principle of equality: is a principle

enshrined in national constitutions,
international charters, and international
declarations, and its applications include the
principle of equality before the law, the
principle of equality in paying taxes, and
holding public office.

6-Translate the following:

- to satisfy individual and collective

needs: ‫اشباع الحجات الفردية والجماعية‬

- produce, distribute, and circulate‫االنتاج‬

: ‫والتوزيع وتداول المنتجات‬

- Economic sphere : ‫المجال االقتصادي‬

- economic: ‫االقتصادي‬

- Organizational law:‫قانون تنظيمي‬

- Safety law:‫قانون امان‬

- Conciliatory law:‫قانون توفيقي‬

- The principle of freedom of industry and

trade:‫مبدا حرية الصناعة والتجارة‬

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- freedom of competition:‫حرية المنافسة‬

- state's monopoly on economic activity:

‫احتكار الدولة للنشاط االقتصادي‬

- private investment:‫االستثمار الخاص‬

- trade laws: ‫قوانين التجارة‬

- The principle of protecting property right

:‫مبدأ حماية حق الملكية‬

- The principle of equality ‫مبدأ المساواة‬:

- international charters, and international

declarations:‫المواثيق الدولية واالعالنات الدولية‬

- the principle of equality before the law,‫مبدا‬

‫المساواة امام القانون‬

- the principle of equality in paying taxes,

‫مبدا المساواة في دفع الضريبة‬

- holding public office‫المساواة في تولي الوظائف‬

.‫العامة‬

Lesson 03
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Text no 3 : International humanitarian law

The principle in international relations is to

prohibit the use of weapons, but the exception is
that they can be resorted to in specific cases, and
international law has prohibited all those
subject to it from using force or violence as a
means of settling disputes, but what is witnessed
in the international arena, whether current or
past, confirms the legitimization of war by
states.

International humanitarian law came to

alleviate the scourge of war, minimize its effects,
and protect people from violations and
destruction, so the focus of the study will be
centered on the conceptual framework and
principles of international humanitarian law

1- Definition of International Humanitarian

Law:

International humanitarian law is the law that

regulates the conduct of war, It is a branch of
international law whose legal rules aim to
protect persons and entities in international and
non-international armed conflicts, which seeks
to limit the effects of armed conflict by
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protecting who are not participating in

hostilities and by restricting and regulating the
means and methods of warfare available to
combatants, IHL is inspired by considerations of
humanity and the mitigation of human
suffering.

2- Characteristics of International
Humanitarian Law: )‫(خصائص القانون الدولي االنساني‬

The characteristics of international

humanitarian law can be seen in the definitions
of international humanitarian law

- One of the branches of public international

law: That is, it derives its sources from
international custom and international treaties
and is interpreted by the means by which public
international law is interpreted.

- Applies in armed conflicts: Its rules are

human rights rules that apply as soon as war is
declared, diplomatic relations are severed, or
relations between the two parties are disrupted.

-Its rules are jus cogens and binding: States

must respect and abide by them in international
and non-international armed conflicts or be
subject to international responsibility.
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-Consensual law: The rules and provisions

that arise between states in relation to this law
are at the will of the states without interference
or pressure from the international community.

-Universal law: It addresses all states and

entities involved in international and non-
international armed conflicts.

Its rules are of a humanitarian nature: It is

concerned with the human race as individuals
who deserve every protection and the creation of
all means to respect and treat them humanely.

-International humanitarian law includes not

only the protection of civilians, but also
wounded, sick, Drowned, dead, prisoners of war,
and the protection of certain military objectives
that cause effects on civilians.

3- Principles of International Humanitarian

Law:

-The principle of humanity: This principle

constitutes the core of international
humanitarian law, from which the various
concepts related to protection, respect, humane
treatment, preservation of the physical and
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moral integrity and dignity of human beings are

derived.

-The doctrine of military necessity:Military

actions are restricted by necessity, not absolute,
but subject to achieving the objectives of the
war, namely achieving military victory and
weakening the enemy.

- The principle of inviolability: Everyone has

the right to respect for their life, physical and
moral integrity, and everything that is
inseparable from their personality.

-Non-discrimination principle: Persons shall

be treated without discrimination based on race,
sex, nationality, language, or religion.

-The principle of neutrality: It means that

humanitarian assistance never constitutes
interference in the conflict, even if provided to
the enemy, and never constitutes an act of
hostility or a breach of neutrality.

4-Translate the following:

International humanitarian law: ‫القانون الدولي‬

‫االنساني‬

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limit the effects of armed: ‫الحد من آثار النزاع المسلح‬

not participating in hostilitie: ‫غير المشاركين في‬

‫األعمال العدائية‬

considerations of humanity: ‫اعتبارات إنسانية‬

human suffering: ‫معاناة إنسانية‬.

branches of public international law: ‫فرع من فروع‬

‫القاتنون الدولي العام‬

Applies in armed conflicts : ‫يطبق في المنازعات‬

‫المسلحة‬

rules are jus cogens and binding/: ‫قواعده آمرة‬

‫وملزمة‬

Consensual law: ‫قانون رضائي‬

Universal law: ‫قانون عالمي‬

Wounded: ‫العسكريين الجرحى‬

Civilians: ‫المدنيين‬

Drowned,: ‫الغرقى‬

The principle of humanity: ‫مبدأ االنسانية‬

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The doctrine of military necessity: ‫مبدأ الضرورة‬

‫العسكرية‬

The principle of inviolability: ‫مبدأ صيانة الحرمة‬

The principle of neutrality: ‫مبدأ الحياد‬

lesson 04

Text no 4 : Environmental law

The environment is a comprehensive repository

of renewable and non-renewable natural wealth,
manifested in the air and water systems, living
organisms, forests, and the ecosystems that
support life on this planet.

The environment is a societal value that the law

seeks to preserve from any internal or external
aggression, thus protecting it from any impact
that may affect it, leading to a change in its
natural and biological components.

1-Definition of the environment:

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Scholars have differed in giving a unified

definition of the environment, as some define it
as the framework in which humans practice
their lives, while others define it as the
environment that includes living organisms,
including humans, animals, and plants.

The Algerian legislature has provided, through

various legal texts, the necessary protection for
the environment.

Article 04 of Law 03/10 on the protection of the

environment within the framework of
sustainable development defines it as the place
where the individual lives and all the
surrounding vital and nonvital natural
resources such as air, air, water, land and its
subsoil, plants and animals, including genetic
heritage and all forms of interaction between
them.

2-Principles of Environmental Protection Law

The Algerian Environmental Protection Law is

based on several principles:

the principle of substitution ‫مبدا االستبدال‬

Protective principle ‫المبدا الوقائي‬

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precautionary principle ‫مبدا الحيطة‬

Polluter pays principle ‫مبدا الملوث الدافع‬

The principle of information and participation

‫مبدا االعالم والمشاركة‬

-3Features of the legal system for environmental

protection: ‫مميزات النظام القانوني لحماية البيئة‬

Environmental law is characterized by the

following features

Modernity ‫ الحداثة‬: Due to the nature of

environmental damage that cannot be
quantified or predicted

A branch of law ‫فرع من فروع القانون‬: If the law

regulates the relations of ordinary individuals
and their associations, the environmental
protection law also regulates the relationship of
individuals with the environment.

International character ‫ذو طابع دولي‬: Most of the

activities that infringe on the environment
extend their harmful effects across state
borders.

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Administrative in nature ‫ ذو طابع اداري‬:, as

evidenced by the authority and privileges
granted to the administration to intervene in
order to protect the general environmental
system.

Mandatory in nature ‫ذو طابع الزامي‬: Its rules are

peremptory and individuals cannot agree to
violate them.

4-Translate the following:

-Scholars: ‫العلماء‬

-Law 03/10 on the protection of the environment

within the framework of sustainable
development‫ المتعلق بحماية البيئة في اطار‬03/10 ‫القانون‬
‫ المستدامة‬:‫التنمية‬

-the place where the individual lives and all the

surrounding vital and nonvital natural
resources such as air, air, water, land and its
subsoil, plants and animals, including genetic
heritage and all forms of interaction between
them:.‫المکان الذي يعيش فيه الفرد وکل ما يحيط به من موارد‬
‫طبيعية حيوية وال حيوية کالهواء والجو والماء واألرض وباطنها‬
‫والنبات والحيوان بما في ذلک التراث الوراثي وکل أشکال‬
‫التفاعل ما بينها‬.
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Section 5

Section 6

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