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.
Other neoliberals may not have endorsed this kind of racism, but when demands for equality between the races threatened to result in the redistribution of property, their positions often converged with Röpke’s. Hayek publicly opposed the use of sanctions against apartheid (even an arms embargo went too far), and didn’t favour black majority rule unless the state could first be stripped of its powers to do economic mischief. He confided to his secretary that he liked blacks no better than Jews. In 1976, Milton Friedman spoke up in Newsweek for white minority rule in Rhodesia, and visited the University of Cape Town to explain to its predominantly white, segregated student body his opposition to universal suffrage in South Africa.BACK TO TOP