LAWS6243 International Law - Research Essay Question

2. In a 2010 article, Anthony D’Amato lightheartedly likened jus cogens to Superman, and declared, “If an International Oscar were awarded for the category of Best Norm, the winner by acclamation would surely be jus cogens. Who has not succumbed to its rhetorical power? Who can resist the attraction of a supernorm against which all ordinary norms of international law are mere 97-pound weaklings?”
He went on to ask, “What is the utility of a norm of jus cogens (apart from its rhetorical value as a sort of exclamation point)?”
What is your answer to D’Amato’s question? Does the concept of jus cogens have any merit or relevance in the 21st century?