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.
The latest catastrophe, the Covid-19 pandemic, has revealed the deep untruth underlying Adam Smith’s claim that ‘individuals, without desiring or knowing it, and while pursuing each his own interest, are working for the direct realisation of the general interest.’ The truth is that individuals pursuing their own interests produce group identities that have no sense of the general interest, but are rather marked by feelings of oppression, resentment or both. Only social trust and collective action, involving not only democratic co-ordination but genuine leadership, have a chance of returning us to a sense of the collective interest.BACK TO TOP