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Jus inter gentes

Jus inter gentes

Overview
Jus inter gentes is the body of treaties
Treaty
A treaty is an agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as: agreement, protocol, covenant, convention, exchange of letters, etc...

, U.N. conventions, and other international agreements. Originally a Roman law
Roman law
The term Roman law denotes the legal system of ancient Rome, and the legal developments which occurred before the seventh century AD — when the Roman–Byzantine state adopted Greek as the official lingua franca. The development of Roman law comprises more than a thousand years of jurisprudence —...

 concept, it later became a major part of International law
International law
Public international law concerns the structure and conduct of sovereign states, analogous entities, such as the Holy See, and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...

. The other major part is jus gentium
Jus gentium
Jus gentium, Latin for "law of nations", was originally the part of Roman law that the Roman Empire applied to its dealings with foreigners, especially provincial subjects...

, the Law of Nations referred to in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 Constitution, Article I, Section 8, Clause 10. Jus inter gentes, literally, means "law between the peoples".

Jon Roland, of the Constitution Society, notes that John Foster Dulles
John Foster Dulles
John Foster Dulles served as U.S. Secretary of State under President Dwight D. Eisenhower from 1953 to 1959. He was a significant figure in the early Cold War era, advocating an aggressive stance against communism around the world...

 pronounced the so-called Dulles Doctrine that treaties and United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and the achieving of world peace...

 resolutions can be part of the Law of Nations for purposes of the U.S.
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Encyclopedia
Jus inter gentes is the body of treaties
Treaty
A treaty is an agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as: agreement, protocol, covenant, convention, exchange of letters, etc...

, U.N. conventions, and other international agreements. Originally a Roman law
Roman law
The term Roman law denotes the legal system of ancient Rome, and the legal developments which occurred before the seventh century AD — when the Roman–Byzantine state adopted Greek as the official lingua franca. The development of Roman law comprises more than a thousand years of jurisprudence —...

 concept, it later became a major part of International law
International law
Public international law concerns the structure and conduct of sovereign states, analogous entities, such as the Holy See, and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...

. The other major part is jus gentium
Jus gentium
Jus gentium, Latin for "law of nations", was originally the part of Roman law that the Roman Empire applied to its dealings with foreigners, especially provincial subjects...

, the Law of Nations referred to in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 Constitution, Article I, Section 8, Clause 10. Jus inter gentes, literally, means "law between the peoples".

Jon Roland, of the Constitution Society, notes that John Foster Dulles
John Foster Dulles
John Foster Dulles served as U.S. Secretary of State under President Dwight D. Eisenhower from 1953 to 1959. He was a significant figure in the early Cold War era, advocating an aggressive stance against communism around the world...

 pronounced the so-called Dulles Doctrine that treaties and United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and the achieving of world peace...

 resolutions can be part of the Law of Nations for purposes of the U.S. Constitution.

This is not the same as jus gentium, argues Francisco Martin and his co-authors in "International Human Rights and Humanitarian Law" (2006), because jus inter gentes includes internationally recognized human rights
Human rights
Human rights refer to the "basic rights and freedoms to which all humans are entitled." Examples of rights and freedoms which have come to be commonly thought of as human rights include civil and political rights, such as the right to life and liberty, freedom of expression, and equality before the...

.

See also

  • Monograph on jus inter gentes: http://www.law.nyu.edu/kingsburyb/fall06/globalization/papers/Kingsbury,NewJusGentiumandInter-PublicI1.pdf
  • Human rights violations
  • International law
    International law
    Public international law concerns the structure and conduct of sovereign states, analogous entities, such as the Holy See, and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...

  • Jus gentium
    Jus gentium
    Jus gentium, Latin for "law of nations", was originally the part of Roman law that the Roman Empire applied to its dealings with foreigners, especially provincial subjects...

  • Law of nations
  • United Nations
    United Nations
    The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and the achieving of world peace...