Nuclear Tests Case

(Australia & New

Zealand v. France)
Citation. I.C.J. 1974 I.C.J. 253, 457.

Brief Fact Summary. Australia and New

Zealand (P) requested France (D) to put an halt
to atmospheric nuclear test in the South Pacific.

Synopsis of Rule of Law. Declaration made

through unilateral acts may have the effect of
creating legal obligations.

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.

Discussion. 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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