Define: Jus Gentium Publicum

Jus Gentium Publicum refers to the body of international law that governs the relationships between sovereign states and other international entities.

The sources of Jus Gentium Publicum include international treaties, customary international law, general principles of law recognized by civilized nations, and judicial decisions.

Jus Gentium Publicum deals with public international law, which governs the relationships between states, while Jus Gentium Privatum deals with private international law, which governs the relationships between individuals and entities across different legal systems.

The key principles of Jus Gentium Publicum include sovereign equality of states, non-intervention in the internal affairs of states, peaceful settlement of disputes, respect for human rights, and the prohibition of the use of force.

Jus Gentium Publicum is enforced through various mechanisms, including diplomatic negotiations, international tribunals, and the United Nations Security Council, which has the power to impose sanctions or authorize the use of force in certain situations.

While Jus Gentium Publicum primarily governs the relationships between states, individuals can also be held accountable for certain international crimes, such as genocide, war crimes, and crimes against humanity, under international criminal law.

States are generally bound by Jus Gentium Publicum as a matter of customary international law. However, states can choose to opt out of specific treaties or obligations through the process of treaty withdrawal or denunciation.

In most legal systems, Jus Gentium Publicum is considered to be part of the domestic legal order. However, conflicts between domestic law and Jus Gentium Publicum are usually resolved through principles of international law, such as the principle of pacta sunt servanda (agreements must be kept).

States generally enjoy immunity from the jurisdiction of foreign courts under the principle of sovereign immunity. However, this immunity is not absolute and can be waived or limited in certain circumstances, such as when a state engages in commercial activities.

Jus Gentium Publicum recognizes the importance of environmental protection and sustainable development. It provides a framework for international cooperation and the development of norms and treaties to address global environmental challenges, such as climate change and biodiversity loss.