Nuclear Test Cases

Australia vs France
22 June 1973

Facts:
On 9 May 1973, Australia instituted proceedings against France in
respect of a dispute concerning the holding of atmospheric tests of
nuclear weapons by French Government in the Pacific Ocean.
Australian Govt asked Court to adjudge and declare that carrying out of
further atmospheric nuclear weapon tests in South Pacific Ocean was
not consistent with applicable rules of international law.
Issue: W/N the Court has jurisdiction to stop the French Government from
conducting Nuclear
Tests
Held: Yes
Ruling:
The Court has indicated interim measures on the basis of Article 41 of
its Statute and taking into account the following conditions inter alia:
o Material submitted to Court leads it to the conclusion that the
provisons invoked by Applicant with regard to Courts jurisdiction
appear prima facie, to afford basis on which jurisdiction might be
founded;
o Cannot be assumed a priori that claims of Australian Government
fall completely outside of Courts jurisdiction;
o The information submitted to the Court does not exclude the
possibility that damage to Australia might be shown to be caused
by deposit on Australian territory of radio-active fall-out resulting
from tests and to be irreparable.
Court made an Order indicating the following provisional measures of
protection:
o Governments of Australia and France should each of them ensure
that no action of any kind is taken which might aggravate the
dispute or prejudice rights of the other Party in respect of
carrying out whatever decision the Court may render; and
o French Government should avoid nuclear tests causing the
deposit of radio-active fall out on Australian territory.