Jus Cogens And Erga Omnes

Sure, here are some points you could consider for an essay arguing against the idea that jus cogens norms and erga omnes obligations are evidence of the constitutionalisation of international law:
*. Lack of Enforcement Mechanisms:
- International law lacks a central authority to enforce jus cogens norms and erga omnes obligations, unlike domestic constitutional laws which have robust enforcement mechanisms.
*. State Sovereignty:
- States prioritize their sovereignty and often resist external interference. This can undermine the argument that international law is becoming constitutionalised.
*. Selective Application:
- The application of jus cogens norms and erga omnes obligations is often selective and inconsistent, which contradicts the principles of a constitutional framework.
*. Political Influences:
- International legal decisions are frequently influenced by political considerations, which challenges the impartiality expected in a constitutionalised legal system.
*. Fragmentation of International Law:
- International law is highly fragmented with numerous treaties and agreements, lacking the coherence and unity typical of a constitutional system.
*. Lack of Universality:
- Not all states recognize or adhere to jus cogens norms and erga omnes obligations, which weakens the argument that these norms are universally binding in a constitutional sense.
These points can form the basis of a critical analysis of the claim that jus cogens norms and erga omnes obligations signify the constitutionalisation of international law.