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.
I am taking a break from Blogging until early in 2016. Unless something earth-shattering happens which requires urgent comment, there will be no Blog post until early in 2016.
I would like to thank all the loyal readers of this Blog for the helpful feedback I receive from time to time in emails and when I encounter readers at public events. I hope you all have a safe and enjoyable holiday.
See you in 2016.BACK TO TOP