New Zealand vs France

Before 9May1973 - France had conducted atmospheric testing of nuclear devices which
entailed the release of radioactive matter throughout the world, with some fallout reaching
New Zealand. New Zealand tried to negotiate with France and requested the latter to stop its
tests, which the latter did not entertain.
9May1973 - New Zealand filed an application in ICJ against France regarding the latter’s
continued nuclear atmospheric testing in South Pacific Region. Application stated ICJ had
jurisdiction based on Article 36 and 37 of the Statute of Court. ICJ communicated application
to France. France argued ICJ was not competent and it did not accept court’s jurisdiction.
Interim measures were placed by the Court as requested by New Zealand which were duly
noted by the President of France. France also requested for the summary removal of the
case, which the Court did not grant. Public hearings on the merits were held where New
Zealand presented its arguments and evidence but France did not present anything.
Issue: whether or not the continued atmospheric testing by France constitutes a violation of
New Zealand’s rights under the international law.

Held: The Court found it unnecessary to adjudge the rights and obligations of the parties, and
if there was violation of any right, in this case In resolving this issue, the Court not only
confined its conclusions based on the evidence presented but by the public declarations
made by France.

Applicable principle: It is well recognized that declarations made by way of unilateral acts,
concerning legal or factual situations, may have the effect of creating legal obligations.
Declarations of this kind may be, and often are, very specific. When it is the intention of the
State making the declaration that it should become bound according to its terms, that
intention confers on the declaration the character of a legal undertaking, the State being
thenceforth legally required to follow a course of conduct consistent with the declaration.

The Court finds that the communiqué issued on 8 June 1974, the French Embassy's Note of
10 June 1974 and the President's letter of I July 1974 (paragraph 38) conveyed to New
Zealand the announcement that France, following the conclusion of the 1974 series of tests,
would cease the conduct of atmospheric nuclear tests. In these communications, France
committed that the atmospheric nuclear tests of 1974 would be the last (without any
conditions) and it would continue its exercise underground.