Domestic and International Law: The Scope and Application of Jus Cogens - Essay Example

Harmonization of laws to fall into the international agreeable laws has remained a challenging aspect to many nations and the application of the jus cogen concepts. For instance, the human right laws have formed the basis of the jus cogen laws; for instance, the laws governing wars. These laws have been controversial and such controversies may be well understood in the analysis of cases involving the Iraq war and the Africa genocides. Nonetheless, the jus cogens has had significant effects on the international law practices especially providing rulings of domestic and international tribunals .

Additionally, the law has had effect on the international commercial laws including how trades treaties among and between nations. Nonetheless, this paper aims at discussing the scope and application of this law in all aspects of life with international and domestic applications in cases necessary. Moreover, then central topic in this essay concerns the critical discussion on the scope and application of jus cogens law and the application on the international and national laws. Historical Development of the Jus Cogens The historical development of this law will provide deep and clear understanding of why in was introduced and areas it has been applied.

Same effect will provide the understanding of the scope and application of this law.. It should also be noted that the law was enacted as a legal consciousness for the interest of the global society. In this context therefore, the jus cogens are intended to serve the interest of the global society. Systematic Dimension Jus cogen considers that the peremptory norms of human rights are redundant. Therefore, for the inclusion of such rights in this law, the jus cogens ensured an intuitive representation of all the basic human rights as it shared the understanding of such rights widely with the moral institutions4.

These controversial natures of human rights are begged on the difference in the original human norms that are found in different historical backgrounds. Hence, the systematic dimension of the jus cogens will properly help in understanding application of laws herein on the human rights norms within the domestic and or international application of such international laws. Notably, in this category we shall address cases dealing with human right including how to deal with terrorists especially the 9/11 US terror attack.

Contextual Dimension This will help in understanding the scope to which human rights norms may be violated in their peremptory nature in the application of the jus cogens5. It should be noted that issues or concerns of this nature might be brought before the international and or national jurisdictions regarding issues of their applications. However, it should be noted that the normative interpretive techniques and standards might vary accordingly6. For example, areas in which human rights applications as a peremptory character have been evoked frequently in cases where jurisdiction humanity is required.

Among other applications, contextual dimension will help in