1974

ICJ

Nuclear Test Cases Australia v France N Zealand v F 1973 interim measures

Australia instituted proceedings 9 May 1973, the same date she asked provisional measures: France should desist from further nuclear test pending the judgment. Provisional measures granted. France was not a party to the Nuclear Test ban Treaty 1963 and conducted tests in the South Pacific until 1973 when it completed its final series of tests in the atmosphere. 1972, 1973 tests were subject to protest by several states and give rise to this case By communiqué the office of the president of the French republic in June 1974 said that in view of the state reached in the nuclear programme, France will be in a position to pass on to the stage of underground explosions that summer. This round of atmospheric test would be the last.

Declarations made by way of unilateral acts, concerning legal or factual situations may have the effect of creating legal obligations. An undertaking of this kind if given publicity, and with the intend to be bound, even though not made in the context of international negotiations is binding. Nothing in the nature of quid pro quo nor any subsequent acceptance, not even a reply or reaction from other states is required for the declaration to take effect. Not all unilateral acts imply obligations; the intention has to be ascertained by interpretation of the act. When states make statements by which their freedom of action is limited, a restrictive interpretation is called for. With regard to form IL does not imposes any requirement A basic principle governing creation and performance of legal obligations, whatever their source, is good faith. Trust and confidence are inherent in international co-operation