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Shelton’s Hierarchy of International Law Name: Institution: Shelton’s Hierarchy of International Law Shelton argues that a hierarchy of norms existing international law. The Hierarchy contains binding norms (Jus cogens) and non-binding norms or soft laws. The Jus cogens, also known as the peremptory norms override any other norms in the country and includes even the objecting states. Therefore they are the superior laws that govern international law. Secondly, inferior laws, generally called the soft-laws are made up of normative provisions that are non-binding to the international community. The two layers of laws in the hierarchy are important in the understanding of international law (Shelton, 2006). However, they contribute to numerous issues especially the Jus cogens as not all countries agree to be bound by International standards. Instead, many countries want to remain autonomous as they undertake their national activities. Nevertheless, the laws present International sanity hence their requirement, especially during international engagements. Ultimately, the non-laws become soft laws; soft laws become the hard laws, and the treaty and common laws become the Jus cogens. The hierarchy presents several implications to the International community. Firstly, different states obligations to the International law differ due to the difference in interpretation of the obligations each state has and their implementation. Secondly, the Jus cogens present an increasing variety in the level of the commitment in regulating state behavior following increase international problems. Further, the interpretation of the normativity of the laws as binding or non-binding is
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