1995

ICJ

Request for an examination of the situation in accordance with paragraph 63 of the court’s judgement 20 December 1974

New Zealand filed a request for an Examination of the situation, alleging that the request aroused from the proposed action announced by France in the sense that she was going to conduct nuclear test in the South pacific, which will affect the basis of the judgement of 1974. (5) NZ contended that although the previous case referred to atmospheric tests, the proceedings were intended to prevent contamination, and that France by virtue of specific treaties and CIL had an obligation to conduct and Environmental Impact assessment before any nuclear test, in accordance with the precautionary principle accepted in IL

(62) the basis of the judgement in Nuclear test was the consequently France’s undertaking not to conduct any further atmospheric nuclear tests, therefore in the event of a resumption of nuclear test in the atmosphere the judgment would have been affected, that hypotesis has not been materialised. (63) The present order is without prejudice to the obligations of States to respect and protect the natural environment, obligations to which both New Zealand and France have in the present instance reaffirmed their commitment. (309p) Schwebel: In its essentials the court assimilate France’s objections to NZ’s requests to an objection to admissibility, in so far as it seated the judge ad hoc designated by NZ, and held oral hearings at which the parties submitted their arguments on the threshold question put by the court to them.