 He was nominated for election to the International Court of Justice by the bipartisan U.S. National Group at the Permanent Court of Arbitration during the presidency of Jimmy Carter and his ruling in the "Legality of Threat or Use of Nuclear Weapons Case" is considered by some scholars to be consistent with that of a moderate conservative.Judge Schwebel frequently voted against the majority of his colleagues; however, also voted against his own country (U.S.) more than any other judge in the history of the Court.He believes that a nationalistic view, as opposed to a judicial view, undermines the international system and that the judicial decision making process must take in to consideration moral considerations relating to equality - beyond just a strict legalist interpretation.