No corpo principal do De Legibus ac Deo Legislatore mesmo, Suarez revela, com maior eloquencia, a nocao de que o jus gentium
procede da humanidade inteira (DL.
law, ix even though jus gentium
consists of two distinct parts, jus
Mais tarde, o jus gentium
romano passou a aplicar-se aquelas relacoes entre os estrangeiros (peregrini) entre si e com os cives romanos.
The jus gentium
was based on the jus honorarium magistrate-made law that had grown in the praetorian courts.
Today the United States' foreign policy resembles that of Roman governors before the jus gentium
57) While the jus civile governed relations among Roman citizens, the jus gentium
controlled interactions with or among foreigners.
Both of these concepts have gone through a long and tortuous evolution from Biblical scripture, through Greek philosophy, Roman Jus Gentium
, and Christian (via Roman Catholic) theology, to the secular law of armed conflict.
321) Although he does not fully develop this idea, it is strikingly reminiscent of the way the jus gentium
developed in the Roman Empire (see Brierly, 1963: 17ff); he has laid out a foundation block for his own civilizational dialogue.
Wherever he finds himself, Wenamun invokes what the author calls--although he is well aware of the anachronistic use of the term--the jus gentium
, the "right of men," to pr otect themselves from possible harm.
The changes in Maritain's theory, particularly his redefinition of jus gentium
in Man and the State (1951) to encompass any attempt to give a rational expression of natural law, are not analyzed.
23) Jus gentium
refers to those institutions of law which are common among all peoples.
rightly identifies jus, jus gentium
, and dominium as the three central categories which drive these theologians to their conclusions about the liceity of slavery.
All of this is very similar to the concept and institution of jus gentium
in Roman law.
Em algumas situacoes, o jus gentium
aproximava-se mais do direito natural, por ser geralmente imutavel, por exemplo, do que o direito positivo, pois nao tinha um legislador (THOMASIUS, 1718, p.
After determining states duties under the 1949 Geneva Conventions, the 1948 Genocide Convention, the 1984 Torture Convention, the 1998 Rome Statute, general human rights conventions, and customary international law and critically examining the South African post-apartheid amnesty mechanisms, he sets out a framework that presents crimes against humanity as part of delicti jus gentium
and as a jus cogens offense and thus invalidates amnesty for these crimes under international law.