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.
Five years ago, no one on the mainland would have thought that an English academic journal with a small, highly specialised readership would require censoring. Chinese censors usually target large foreign news outlets such as the New York Times, the BBC, the Economist, or the Wall Street Journal, and leave academics in peace. The New York Times is blocked in both its English and Chinese versions by the Great Firewall of China (the world’s most infamous internet censor); the BBC’s main anglophone site comes and goes, depending on what it’s publishing; the Chinese version is fully blocked.BACK TO TOP