COMPENDIUM OF SUMMARIES OF JUDICIAL DECISIONS IN ENVIRONMENT RELATED CASES

INTERNATIONAL

International - Legality of Nuclear Tests

REQUEST FOR AN EXAMINATION OF THE SITUATION IN ACCORDANCE WITH PARAGRAPH 63 OF INTERNATIONAL COURT JUDGEMENT OF 20 DECEMBER 1974 IN NUCLEAR TESTS CASES NEW ZEALAND v. FRANCE

INTERNATIONAL COURT OF JUSTICE SEPTEMBER 22, 1995, GENERAL LIST NO. 97

Introduction

On August 21, 1995, the New Zealand Government filed a "Request for an Examination of the Situation" with the International Court of Justice, following an announcement by France that it would conduct a final series of underground nuclear weapons tests in the South Pacific starting in September l 995.

In a December 20, 1974 judgement between these two same countries over atmospheric nuclear testing, this Court found that it was not required to give a decision on New Zealand's claim because France had stated that it would not carry out further atmospheric nuclear tests, and thus New Zealand's claim no longer had any basis. In paragraph 63 of this 1974 judgement, however, the Court stated that "if the basis of this judgement were to be affected", New Zealand could request an examination of the situation.

New Zealand argued that the France's planned September 1995 underground testing affected the basis of the 1974 judgement because had New Zealand realised in 1974 that France would switch to underground testing, the dispute would not have been resolved.

Held

The Court stated that the special procedure provided for by paragraph 63 was linked to the existence of circumstances set out in the judgement, and if those circumstances did not arise, that special procedure was not available. In deciding whether that basis of the 1974 judgement has been affected by the facts referred to by New Zealand, the Court held it is limited to an analysis of the 1974 judgement, and cannot now consider the question of broader objectives which New Zealand might have had in filing its application in 1973. The 1974 judgement dealt exclusively with atmospheric nuclear tests. Thus, this "Request for an Examination of the Situation" does not fall within the provisions of paragraph 63 and must be dismissed.

This order is without prejudice to the obligations of States to respect and protect the natural environment.