It is therefore difficult to argue, as some media commentators and NGOs have that Australia
has flagrantly breached international law in its actions. International law by its nature is
treaty based and its effectiveness is built around states negotiating and consenting to
agreements which then have binding effect. Whilst there may be some inherent distortion of
power in the negotiating positions of the two countries, this is nothing more than a factor or flaw of international law. The fact that both countries have freely signed an agreement with
benefits shared equally suggests that the agreement is, in one sense, equitable