Nuclear Test Cases

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Facts.

A series of nuclear tests was completed by France


(D) in the South Pacific. This action made Australia and
New Zealand (P) to apply to the I.C.J. demanding that
France (D) cease testing immediately. Before the case
could be completed, France (D) announced it had
completed the test and did not plan any further test. So
France (D) moved for the dismissal of the application.

Issue. May declaration made through unilateral act has


effect of creating legal obligations?

Held. Yes. Declaration made through unilateral acts may


have the effect of creating legal obligations. In this case,
the statement made by the President of France must be
held to constitute an engagement of the State in regard to
the circumstances and intention with which they were
made. Therefore, these statement made by the France
(D) are relevant and legally binding. Application was
dismissed.

The unilateral statements made by French authorities


were first relayed to the government of Australia. There
was no need for the statements to be directed to any
particular state for it to have legal effect. The general
nature and characteristics of the statements alone were
relevant for evaluation of their legal implications.
.

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