COMPENDIUM OF SUMMARIES OF JUDICIAL DECISIONS IN ENVIRONMENT RELATED CASES

INTERNATIONAL

International - Legality of Nuclear Protection

NUCLEAR TESTS CASES

I.C.J. REP. 1974, pp. 253, 457 INTERNATIONAL COURT OF JUSTICE

Introduction

In 1973 both Australia and New Zealand protested against announced forthcoming French nuclear tests to be held in the Pacific and instituted proceedings before the World Court, by unilateral application in accordance with the General Act for the Pacific Settlement of International Disputes as well as Article 36 of the Court's Statute. France denied the Court's competence and refused to appear. Australia and New Zealand also requested the Court to indicate interim measures of protection on the ground that radioactive fallout from any tests held before the final judgement of the Court on the legality of such tests would prejudice the interests of the two countries concerned. In 1973 the court issued the requested Order. France ignored the Order and announced a fiurther series of tests. Australia and New Zealand asked the Court to declare such atmospheric tests as illegal and to order France to abstain in the future.

Held

The Court considered the hearing as related to preliminary matters and stated that it would avoid decisions on the substance. After the institution of proceedings, the French Government issued a number of statements intimating that no further tests would be held and the Court decided by 9 votes to 6 that the claims no longer had any object and that it was therefore not called upon to give a decision.