May 04, 2015

When sputnik first orbited in the earth the world applauded and heralded in a new era - the era of instant international law.

What am I talking about? Well, no nation complained. There were no diplomatic protests lodged against the USSR for breach of anyone's sovereignty as a result of sputnik travelling in orbit above every country. Instantly international law recognized that one country's use of orbital space was not a breach of international law.

Diplomatic protests are important because they preserve an assertion of sovereignty, which may otherwise be lost through acquiescence.

If there is a principle of international law at stake in the execution of Australian citizens after having been denied access to Indonesia's constitutional court on the basis of their nationality it will be important for Australia to register a formal protest, lest the world be of the view that it may lawfully deny justice to Australians.

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