Sunday, June 8, 2014

Request for an Examination of the Situation in the Nuclear Tests Case case brief summary

Request for an Examination of the Situation in the Nuclear Tests Case case brief summary (1995, ICJ)

Summary:  New Zealand asked the ICJ to rule on the legality of French underground nuclear testing on islands in the Pacific. New Zealand tried to establish a basis for the Court's jurisdiction by asking the court to re-examine a 1974 case, the Nuclear tests Case, in which New Zealand had challenged French Atmospheric nuclear testing.

Argument:  Here, New Zealand argued that since France was again testing nuclear weapons, an ICJ decision on the legality of French testing was necessary. 

Conclusion:  The Court concluded that it lacked jurisdiction over a new case, and that the issues posed by French non-atmospheric testing was sufficiently different fromthe issues address in the 1974 case.

• The dissent discusses principles of Stockholm Declaration (pg. 636, #76) - that international community is responsible for making sure there are no harmful things being placedinto the environment.

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