The conduct of nuclear tests particularly above ground carried with it a high risk that radioactive material would be. Nuclear test cases new australia v france 1974 summary issues.
Overview of the case on 9 may 1973 australia and new zealand each instituted proceedings against france concerning tests of nuclear weapons which france proposed to carry out in the atmosphere in the south pacific region.
Nuclear test case. France links site search document search contact the court history. The world health organization requested the opinion on 3 septemb. Following a series of tests conducted france in the south pacific both new zealand australia asserted separate claims regarding nuclear that had been detected on their respective territories.
Summaries nuclear tests australia v. See other cases involving provisional measures questions of jurisdiction and or admissibility intervention. In the present case the ques p 304 tion is whether such barriers existed at the time of the filing of the australian application.
Nuclear tests australia v. This action made australia and new zealand p t. The only requirement being that their use must be in conformity with the law on self defence and principles of international humanitarian law.
Declaration made through unilateral acts may have the effect of creating legal obligations. France cases previous next overview of the case. A series of nuclear tests was completed by france d in the south pacific.
The two nuclear tests cases australia v. Nuclear tests case australia new zealand v. Users without a subscription are not able to see the full content.
Before considering whether the declarations made by the authorities meet the object of the claim by the applicant that no further atmospheric nuclear tests should be carried out in the south pacific it is first necessary to determine the status and scope on the international plane of these declarations. Atmospheric nuclear tests envisaged as the bearers of a particularly serious risk of environmental pollution are a source of acute anxiety for present day mankind and it is only natural that efforts should be made on the international plane to erect legal barriers against that kind of test. Please subscribe or login to access all content.
Reports 1973 1974 facts 1. This case was brought to the international court of justice on 9 may 1973 when new zealand instituted proceedings against france in terms of a dispute concerning the legality of atmospheric nuclear tests conducted by france in the south pacific region. France case brief rule of law.
France were initiated by australia and new zealand each against france on 9 may 1973 in the international court of justice icj. Legality of the threat or use of nuclear weapons icj 2 is a landmark international law case where the international court of justice gave an advisory opinion stating that there is no source of law customary or treaty that explicitly prohibits the possession or even use of nuclear weapons.