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.
Many leftists and Greens have been too stunned by Merkel’s modernisation of the CDU to notice that her trick is to avoid the country’s root problems while treating the symptoms more skilfully than any conservative politician before her has ever managed. The media, meanwhile, unwilling to address the difficulties caused by Germany’s position as the reluctant hegemon of the Continent, or the growing sense of lurking inconsistencies in the gospel of Atlanticism, prefer endless celebration of the leader: the intellectual, strong, patient, grounded, wry, compassionate, tough, reality-grasping, scientific, opera-loving, Bismarckian wunder-Kanzlerin on whom nothing is lost.BACK TO TOP