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.
In the current crisis another shark has been on people’s minds. In the early days of the coronavirus outbreak quite a few commentators compared Trump to the fictional mayor in Jaws. Steven Spielberg’s mayor refuses at first to accept that a shark is responsible for the fatal attacks – he claims the first was a boating accident. When the evidence becomes hard to refute he still declines to shut the resort. Only when another swimmer gets chewed up on 4 July does he finally accept that he needs to call in the professionals. It’s all rather Trumpian. But only one politician has actually cited the actions of the mayor from Jaws as a model of crisis management, and it isn’t Trump. Boris Johnson used to tease audiences by suggesting that ‘the real hero of Jaws was the mayor, a wonderful politician.BACK TO TOP