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.
Legislators are under the sway of an army of lobbyists: Google alone spent more than twenty-one million dollars on lobbying last year; together, Google, Facebook, and Amazon spent an unprecedented forty-eight million dollars, which was an increase of seventeen per cent from the previous year, much of it to stave off regulation. (A recent tweet by the digital-rights activist and developer Aral Balkan put this in perspective, claiming that Eric Schmidt, the executive chairman of Google’s parent company, Alphabet, had told him, at a private book event in SoHo, “I wake up every morning and I fight regulation, it’s what I do, it’s my job.”)BACK TO TOP