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Request for an Examination of the Situation in Accordance with Paragraph 63 of the Court’s Judgment of 20 December 1974 in the Nuclear Tests (New Zealand v. France) Case
Published online by Cambridge University Press: 01 January 2021
Abstract
Environment — Marine environment — Alleged radioactive contamination arising from French underground nuclear weapons tests in South Pacific — Request to International Court of Justice by New Zealand to resume proceedings begun in 1973 challenging legality of France’s nuclear tests — Court’s ruling in 1974 that object of dispute had disappeared because of France’s undertaking in 1974 to cease atmospheric tests — Assumption in 1974 that no risk of contamination from underground testing — Whether earlier proceedings and judgment limited to atmospheric nuclear testing or concerning all radioactive contamination caused by whatever means of testing — Developments in scientific knowledge and international environmental law since 1974 — Precautionary principle — Environmental impact assessment — Convention for the Protection of the Natural Resources and Environment of the South Pacific Region, 1986 — Whether relevant considerations for Court in determining whether New Zealand has established continuity of proceedings
International Court of Justice — Procedure — Application by State to reopen earlier proceedings — Paragraph 63 of 1974 Judgment in Nuclear Tests (New Zealand v. France) Case — Paragraph 63 permitting New Zealand to request examination of situation if “basis”of 1974 Judgment “affected” — Conduct of underground nuclear weapons tests by France — Whether procedure for access to the Court independent from Articles 60 and 61 of Statute of the Court — Whether within Court’s inherent power to regulate own procedure — Whether basis of 1974 Judgment affected or limited to atmospheric testing — Standard of proof applicable — Request for indication of provisional measures
International Court of Justice — Jurisdiction — Terminated jurisdiction — Application by New Zealand to resume proceedings in Nuclear Tests Case commenced against France in 1973 — Provision in Court’s Judgment of 1974 permitting return to Court where “basis”of Judgment “affected” — Denunciation by France of General Act for the Pacific Settlement of Disputes following commencement of proceedings in 1973 — Scope of Court’s jurisdiction — Whether Court’s examination of application limited to scope of earlier proceedings and dispute
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