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.
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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