As seductive as certain perspectives of international law may appear to those who disagree with the outcome of the interpretative exercise conducted by this Court in the contempt judgment, sight must not be lost of the proper place of international law, especially in respect of an application for rescission. The approach that my Brother adopts may be apposite in the context of an appeal, where a court is enjoined to consider whether the court a quo erred in its interpretation of the law. Although it should be clear by now, I shall repeat it once more: this is not an appeal, for this Court’s orders are not appealable. I am deeply concerned that seeking to rely on articles of the ICCPR as a basis for rescission constitutes nothing more than sophistry.
“So there we have it. Marx had a passionate faith in the individual and a deep suspicion of abstract dogma. He had no time for the concept of a perfect society, was wary of the notion of equality, and did not dream of a future in which we would all wear boiler suits with our National Insurance numbers stamped on our backs. It was diversity, not uniformity that he hoped to see. Nor did he teach that men and women were the helpless playthings of history. He was even more hostile to the state than right-wing conservatives are and saw socialism as a deepening of democracy, not as the enemy of it.” T. Eagleton, Why Marx was right (2011) 238.BACK TO TOP