Request for the indication of Interim Measures of Protection submitted by the Government of New Zealand

NUCLEAR TESTS CASES

AFFAIRES DES ESSAISNUCLÉAIRES REQUESTFORTHEINDICATION OF INTERIM
I
I MEASURES OF PROTECTION SUBMITTED
I
BYTHEGOVERNMENT OFNEWZEALAND REQUEST

14May 1973.

Case to IVlriclrtllis Reqltest Relates

1have the honour to refer to the Application submitted to the Court on 9 May
1973 by wliicti New Zcaland institutcd proccedings against France. 1have now
the honour, iriaccordancc with Article 33 of the General Act for the Pacific
Scttlcriierit of International Disputes, donc at Gencva on 26 Septembcr 1928,
Articles 41 and 48 of the Statute of ttie Court and Article 66 of the Rules of
Court, to submit a rcquest for interirn nicasurcs of protection to preserve the
rights of New Zealand pending the final decision of the Court in these proceed-
ings 1.

2. The rights to be protectcd are:

(i) the rights of al1members of the international community, including New

Zealand, that no nuclcar tests that give rise to radio-active fall-out be
conductcd ;
(ii) thüt the rights of al1 members of the international community, including
New Zcaland, to the prcservation froni unjustified artificial radio-active
contamination of the terrestrial, maritime and aerial environment and. in
pürticular, ofthe environment of the region in which the tests are conductcd
and in which New Zealand, the Cook Islands, Niue and the Tokelau
Islands arc situatcd;
(iii) the right of New Zcaland that no radio-active material enter the territory
of New Zealand, the Cook Islands. Niue or the Tokelau Islands, including
their air spacc and territorial waters, as a result of nuclear testing;

(iv) the riglit of New Zcaland that no radio-active material, having entered the
territory of New Zealand. the Cook Islands, Niue or the Tokelriu Islands,
including thcir airspacc and territorial waters. as a result of nuclear testing,
cause harm, including appreliension, arixicty and concern to the people and
Government of New Zealand, and of the Cook Islands, Niue and the
Tokelau Islands;
(v) the right of New Zcaland to frccdorn of the high seas, includingfreedom of
navigation and overflight and the freedom to explore and exploit the
resourccs of the sea and the sca-bed, without interference or detriment
rcsulting from nuclcar tcsting.

The fact that furthcr nuclcar tests at the Frerich Pacific Test Centre will aggra-

vate and extend the dispute bctween New Zealand and France is one of the
grounds on which New Zealand seeks protection of the foregoing rights. In
addition and indcpendcntly, New Zcaland has the right to the performance by
France of its undertaking containcd in Article 33 (3) of the General Act for
the Pacific Settlemcnt of International Disputes to abstain from any action
whatsocver hat may aggravate or cxtend the present dispute. 54 NUCLEAR TESTS REQUEST 55

resourccs and their isolation in a vast ocean constitute a significantbarrier both
statement made on 22June 1972bythe Foreign Ministers of Bolivia,Colombia, to their relations with the rest of the world and to their development. They can
Chile, Ecuadorand Peru, attending the Third Assembly of the Andean Group; legitimately expect to have these disadvantages offset by an environment frcc
an extract from the communiquéissued on 29 June 1972by the representatives from pollution.
of the United States, Australia and New Zealand at the conclusion of an 30. The international community as a whole also has a large interest in the
ANZUS Council meeting; and an extract from the communiqué issued on preservation of the South Pacificenvironment: it is one of the few remaining
14 July at the conclusion of a meeting of the Foreign Ministers of Indonesia, large areas which can serve as a base for the regeneration of gravely depletcd
Malaysia, the Philippines, Singapore and Thailand. marine resources upon which al1countries will increasinglydepend as a source
25. These evidences of regional concern are by no means an isolated phe- of food.
nomenon. They have tended to occur in any part of the world subjected to 31. The link bctween the collectivejudgment of the international community
radio-active fall-out. Although in 1954 the dangers associated with nuclear
testing were less well understood than they are now, the damage caused by the on atmosphcric nuclear testingand its concern to protect the environment is to
hydrogen bomb tests conducted by theUnited States in the Marshall Islands in be scen in a number of the Gencral Asscnlbly rcsolutions set out in Annex II. lt
that year led to vigorous protest by and on behalf of the peoples of the Trust is also made explicit in the Treaty Banning Nuclear Weapons Tests in the
sufferedby her own citixenson the Atmosphcre, in Outer Spacc and Under Water (Annex 1) which states in the
Territory, and byJapan in respect of injuries finalparagraph of its preanible:
high seas. Similarly, in October 1961, the explosion by the Soviet Union in
her own territory of a 50-megaton nuclear weapon was strongly condemned "Seeking to achievc the discontinuance of al1test explosions of nuclcar
by the whole world, but especially by northern hemisphere couniries which weapons for al1timc, dctcrn-iincdto continue ncgotiations to this end, and
were subjected to marked increases in radiation levelsas a consequence of the desiring to put an end to the contamination of man's environmcnt by
tests. radio-active substances."
26. Although these were massive explosions, and their immediüte conse-
quences were correspondingly dramatic, there was already a widely held view 32. The same concern about the damaging effect on the environment of
that safety could not lie in mere restrictions of scale. So, in theate 1950s the atmospheric nuclear tcsts was displayed in two successiveyears in the work of
preparations by France to conduct nuclear weapons tests in the Sahara gave the United Nations Committee on the Peaceful Usesof the Sea-Bedand Ocean
rise to a series of bilateral and regional appeals from the governments of Floor Hcyond the Limits of National Jurisdiction. Annex IVcontains the texts
African States, asking the French Government not to proceed with the planned of a proposcd statement of views on the atmospheric tests conductcd in the
tests. French assurances that contamination resulting from the tests would be Pacific submittcd, in August 1971, to Sub-Committee III of the Committce
insignificant in no way diminished the regional disquiet which the prospect of (which isconcerned with the prevention of pollution and the preservation of the
marine environmcnt) and a draft resolution on the same topic submittcd to the
' these tests occasioned. It was made clear to France that the tests would be
regarded by the countries of Northern Africa as an unneighbourly act, which same body in August 1972.These proposais, though not adopted bccause of a
would expose the peoples of the continent and the resources on which they unanimity rulc, were includcd in the Committee's report and give a clcar
depended to unnecessary hazard. Their stand was upheld by the General indication of the viewof thc grcrttm4ority of States represented.
Assembly. 33. The Confercncc on the Huinan Environmcnt, which met in Stockholm
27. It is implicit inmuch of the regional protest that decisions taken half a in June 1972.and which rcprescntcd the firstcomprehensive attcmp! te grapplc
world away have not been sufficiently responsive to the aspirations and sus- with the problems of pollution and to articulate the norms which regulate the
ceptibilities of the peoples closest to the testing site. The peoples and govern- use of the environment strcsscd a similar thcmc. In its resolution 3 (1)(Annex
ments of Pacific countries, including New Zealand, seek to prescrve the ex- VI), the Corifcrcnce refcrrcd to tlic radio-active contamination of the environ-
cellence of their own environment; but, in doing 30, they appeal to univcrsal nient from nuclear weapons tests. expressed its belief that "al1 exposures of
standards. niankind to radiation should be kcpt to the minimum possible and should bc
justified by benefitsthat would otherwise not beobtained", and resolved :
TheConsequences for rl~eEtlvironnlenr
(a) to condemn nuçlear wcapons tests, especially thosc carried out in the
atmosphere ;
28. Further atmospheric nuclear testing at the French Pacific Test Centre (b) to cal1upon those States intcnding to carry out nuclear weapons tests to
will involve the release of radio-active matcrial into the atmospliere and its abandon their plans to carry out such tests since they may lend to further
deposit on land and in the oceans in the vicinity of Mururoa, in the South contamination of the environment.
Pacific region as a whole and in other parts of the world. In varying degrces,
the local, regional and global environment and its resourccs will bc conta- 34. Principle 26 contained in the Declaration adopted by the Conference
minated. (Annex VI)states:
29. The contamination of the South Pacificis of special significance; for this
region is as yet relatively freefrom the pollution seriously affecting many othcr "Man and hisenvironment must be spared the effectsof nuclear wcapons
parts of the world. The preservation of the South Pacific environment is of and nllother nieans of mass dcstruction. States must striveto reach prompt
obvious importance to the countries and territories which are located in the agreement, in the relevant international organs, on the elimination and
region. For many of thesecountries and territories the sea and its resources are a
vital element in their subsistence and economy. Their smallness, their limited completc destruction of such weapons." REQUEST 59
58 NUCLEAR TESTS
ItrterimMeasuresProposed
of present and future generations. What is certain is that further nuclear testing
will harm the lives of the peoples of the area by causing them apprehension, 51. New Zealand submits that, in the light of the considerations set out
anxiety and concern. above. the Court should exercise its power to lay down and indicate interim
nwisures to protcct thc rights of New Zealand set out in paragraph 2 above.
The ConsequencesfortheExerciseof HigltScas Frc~erior~is The measure which NewZealand requests to protect those rights is that France
44. The Application records the fact that the French Government has refrain from conducting any further nuclear tests that give rise to radio-active
purported to declare certain areas of airspace above its territorial waters and fall-out whilcthe Court isseizedof thecase.
the high seas to bezones prohibited to aircraft.Tthas also claimed to create, on
and above the high seas, much more extensivedanger zones, applicable to both
shipping and aircraft.These zones, which havein some cases cxccededa niillion
square miles, are activated shortly before a test series, and vesselsand aircraft Co-Agent of thc Government of New Zealand.
are asked to stayoutside (seeparas. 18-20of the Application).The activation of
the danger zones has not as yet affected regular commercial shipping. Thcy do,
however, faIl across a possible direct route between New Zealand and the
Panama Canal; and it is well established that infrequcncy of use is not a
justification for denial.

45. As was noted above, there is already evidence that the wish to reserve
areas of the high seas for nuclear testing islikelyto produce actual conîlict with
people who feel driven to assert their freedom to use the high seas. Private
vessels, including those of New Zealand registry, are increasingly claiming to
exercise these freedoms in the area around Mururoa. While the New Zealand
Government has discouraged action of this kind, the danger of conflict with
private vessels still remains. In at least one instance, in 1972, the French au-
thorities took action to inhibit and interfere with an excrcise by a foreign vesscl
of the freedom of the high seas in an area declared by France to form part of a
dangerous zone.

Aggravatiortand Extertsionof the Disp~rfc

46. Neither the firm friendship which has long existed betweenNew Zealand
and France, nor the efforts which the two Govcrnments have made to reach a
conclusion acceptable to both, appears to have offered any reül prospect of
settling this dispute.t would seemthat each of thc parties adhcres to a position
of principle which does not admit ofcompromise.
47. In the submission of the New Zealand Govcrnment, supportcd by the
considerations adduced in this request, the rcsumption of atmosphcric
nuclear explosions by the French Governmcnt must, in these circumstances,
aggravate and extend the dispute.

Tlle Urgertcyof tlreRccltrest

48. As isrecorded in the Application, the French Government has refuscd to
give an assurance that its programme of atmospheric nuclear testing in the
South Pacific is at an end. In fact on 2 May 1973 the French Government
announced that it did not envisage cancelling or modifying the programme
originally planned.
49. The earlier nuclear testing series conducted by France began on 2 July

1966, 5 June 1967, 7 July 1968, 15 May 1970,5 Junc 1971and 25 June 1972
(GMT).
50. Last year the French Government dispensed with notice through the
diplomatic channel of an impending test series. There have been indications
that the only warning now contemplated by the French authorities is an urgent
message activating the danger zone, and that that may give as little as a fcw
days'notice. NUCLEARTESTS KEQUEST

ANNEXESTO THE REQUESTFOR THE INDICATION Annex II
OF INTERIM MEASURES OF PROTECTION

Annex 1
II48 (XII) 1957 1910(XVIIL) 1963

1252A and B(XLII) 1958 2032 (XX) 1965
1379 (XIV) 1959 2163 (XXI) 1966
1402A and B(XIV) 1959 2343 (XXII) 1967
[See Annex 10 ro the Alrstraliatr Reqitest for tlle Itr~/icutiotiof Ititerirtl lCIrusrlres 1577(XV) 1960 2355 (XX11I) 1968
of Protection, 1,pp. 120-1211 1578(XV) 1960 2604 B (XXIV) 1969
16291(XVI) 1961 2661 A (XXV) 1970
1632(XVL)1961 3663 B (XXV) 1970
1648(XVI) 1961 2828 (XXVI) 1971

1762 A (XVII) 1962 2934 A to C (XXVII) 1972

Utrirc~dNtrtioti.~C;c~trc~.csl.~c~trrllsolrrtiotr11461(XII) of 14 Novcwthur 19.57
oti tll" K<;5~rrlr1iotri.trritcrtioritrtrtlB(il~cl-tllrcrii fAl/ ArtticclForces urrd
Al1 Arnrnttic~trrs;Cotrcltrsiort ofnn /~rtc~r~tationClot~r.c>tttio(ttTrcaty) ori tlie

Kc(lrrctiot1of'Artrltitti(~trr.ostrd rlrc~Prolribitiotr oJ Atot~ic, H)*trrid Otlrt~r
I.Vc~opotois,\l(iss Desrrrrctioti"

TltcG'ctrc~rAilsc~ttrb!v.
Hccullitr~ts rcsolution 808(lx) of 4 Novcmbcr 1954,
Etriplrcrsizi:hc urgcncy of decreasing the danger of war and improving the
prospects of a durable peau through acliicving international agreement on
rcduction, liriiitation and opcri inspection of armamcnts and armed forces,

Iti~lcot~iirh~e iiarrowing of dilkr-ericcs which hrisresulted frorii the extensive
ncgotiatioris irtlic Sub-Coiiirnittcc of the Disarmament Cornmission,
Hc~lic~,.ih,it inimediatc. carcfully nieasur-cd steps can be tnken for partial
riicasurcs of disarniamcnt and that such stcps wiil facilitate further niciisur-èsof
rlisarniarrict.

1. U,:vcpthat tlic Statcs conccrncd, and particularly thosc which are menibcrs
of tlic Sub-Coiiiriiittcc of tlie Disiirrriamcnt Comniission, give priority to
rcacliirig a disariiiariicrit agrceriicnt which, upon its entry into force, will
providc for thc following:
(u) The iriinicdiiite suspension of tcsting of nuclear weapons with prompt

iiistallation of cfi'cctive iritcrnational control, iiicluding inspcction posts
cquippcci with appropriatc scicntilic instrunicnts locatcd within the territories of
thc Uriitcd States of Ariierica, the Union of Sovict Socialist Republics, and thc
Uriitcd Kingdom of Great Britain and Northcrri Ircland, in Pacifie Ocean arcas,
and at othcr poiiits as rcquircd;
(1))Thc cessation of the production of fissionablc materials for weapons
purposcs and thc coniplctc dcvotion of future production of fissionable matc-

rials to non-wcnpons purposes undcr cfkctivc international control;
(c) The rcduction of stocks of nuclcar wcapons through a programme of
transfcr, on an cquitablc atid rcciprocal Liasisririd undcr international supcr-
visioii,of'stocks of Iissioriablc riiatcriiil froni weripons uses to non-wcapons
USCS;62 NUCLEARTESTS REQUEST 63

(d) The reduction of armed forces and armaments through adequate, safe-

guarded arrangements ; 1. Urge's that in tlic ncgotiations bctwcen States that have tcsted nuclear
(e) The progressiveestablishment of open inspection with ground and aerial wcapons thc partics makc cvery clyort to reach carly agreement on thc suspen-
components to guard against the possibility ofsurprise attack; sioiiof riuclearwcapons tests uiidcr clfcctivcintcrriatiorialcontrol;
(f) The joint study of an inspection system designed to ensure that the 2. Urgc)sttic partics involved in thcsc negotiations not to undcrlakc furtlicr
sending of objects through outer space shall be exclusively for peaceful and tcsting of nuclcar wcapons whitethese negotiations are in progress;
scientificpurposes;

2. Requests the Disarmament Commission to reconvene its Sub-Cornmittee
as soon as feasiblefor this purpose; 3. Ctrlls crttctltiotrto the iniportancc and urgcricy of achicving the widcst
3. Requests the Disarmament Commission to invite its Sub-Committee to possible mcasurc of agrecnicnt irithc forthconiirig study of the technical aspccts
establish, as one of its firsttasks, a group or groups of technical experts to study of nicasurcs against the possibility ofsurprise attack;
inspection systems for disarmament measures on which the Sub-Committee
may reach agreement in principle and to report to it within a fixedperiod ;
4. Recommendsthat any such technical group or groups be composed of one
expert from each of the States members of the Sub-Committee and one from 4. I~.vpr<~s.~ sl~tc~~.ttritrthtiattictrcnd of Iticrccentcncouraging initiatives,
each of three other States Members of the United Nations which shall bc iricludirigtlic tcclinical itpprcxicli.sliould coiitinuc witha view to contributing
designated by the Secretary-General in consultation with the Sub-Committce; to u balanccciand cfkctivcly coritrollcd world-widesystcnlof disarmament ;
5. Invites the States concerned, and particularly those which are membcrs of

the Sub-Committee, to consider the possibility of devoting, out of the funds
made available as a result of disarmament, as and when sufficientprogress is 5. /tr~,itcstlic confcrcnccs on nuclcar wcapons tests arid on surprise attack to
made, additional resources to the improvement of livingconditions throughout avail tticmsclvcs of thc assistancc arid services of the Secrctary-Gcneral and
the world and especiallyin the lessdeveloped countries; rcqucsts thcm to kecp thc United Nations inforrncd;
6. Requests the Sub-Committee to report to the Disarmament Commission 6. ltrt.itc~ttic Sccrctary-Gcncral. in consultation with the Governmcnts
by 30April 1958on the progressachieved.
coriccrncd, to rcndcr whatcvcr advice and assistance may seem appropriatc to
tàcilitatc currerit developmcnts or any further initiatives related to problcms of
United Nations General Assembly Resolution1252A and B(XIlI) of 4 November disarmanient ;
1958 on the "Question of Disarmament; the Discontinuat~ceof Atorrlic arid 7. K~clrr<~.sttat tlic records of'thc iiicctingsof the First Committce at whicli
Hydrogen WeaponsTests; the Reduction of theMilitary Budgetsof the Unionof various aspccts of disarriianicnt wcrc discusscd bc iransniitted by the Secrctary-
Gciicral to tlic participaiits in the cc~nfcrcnccson nuclcar wcapons tcsts arid on
Soviet Socialist Republics, theUnited States of America, the Utlited Kingdom of surprisc attack ;
Great Britain and NortlterttIrelandand Frattce by IOto 15 Per Cent. and tlie Use
of Part of the Savirtgsso Efected for Assistance to the Urider-Develope~I
Countries"
8. Kt~itc~rntct..c.tlie States coriccrncd tlic invitation, made iriGciicral As-
sciiibly rcsolution 1 148(XII) of 14 Novcriibcr 1957,to dcvote, out of the funds
riiudc availablc as a rcsult of disarrnanient, lisand whcn sutlicicrit progrcss is
TheGeneralAssembly, rnadc, additional rcsourccs to tlic iniprovcriicnt of livingconditions throughout
Reafirming the continuing interest and responsibility.of the United Nations the wvrld aridcspcciallyin tlicIcssde\.cloped countrics.
in the field of disarmament, which have found expression in the Charter of the
United Nations and in previous resolutions of theGeneral Assembly,
Welcoming the agreement which has been achieved in the Confercnce of
Tl1c1<~trc~A rtsrslct~rhlj*,
Experts to Study the Possibility ofDetecting Violations of a Possible Agreement lVc*l~ot~ii~th,~rrcport of the Conferencc of Expcrts to Study the Possibilityof
on the Suspensionof Nuclear Tests,
Nofing that negotiations on the suspension of nuclear weapons tests and on Dctecting Violatioris of a I'ossible Agrcenicnt on thc Suspcnsion of Nuclcar
the actual establishment of an international control system on the basis of the Tests,
report of the Conferenceof Experts began on 31October 1958, It'c~l~~ot~ifirr: lrc~trhe decision of thc States which have tested nuclcar
Notingfurther that qualified persons are expected to meet soon to study the wcapons tu nicet iria coiifcrcncc at Geiieva. coniniencing 31 October 1958,
technical aspects of measuresagainst the possibilityof surprise attack, conccriiing thc question of riuclearwcapons tcsts,
Recognizingthat these developments are encouraging steps in the direction of
progressive openness of information concerning technologies and armamcnts, 1. Evprcsscpsflic.l~opc*that the corifcrence will be succcssful and Iead to an
which may assist in promoting the fundamental aims of the United Nations in agrccnient acceptable to al1 ;
the fieldof disarmament, 2. Rcqrrcst.~thc partics concerncd to rcport to the Gcncrül Assembly the
agrccment that niay be the result of their negotiations; 66 NUCLEAR TESTS REQUEST 67

Contiriuitigto beur itimiticithe profound coricern evinced by the peoples of al1 gical Units and Measurements, in compliance with General Assembly resolu-
tions 1376(XIV)of 17November 1959and 1574(XV)of 20 December 1960;
countries regarding the testing of nuclear and thermonuclear weapons and the 4. Reaffirnis the desirability of continuing full international co-operation
consequences thereof, through the Scientific Committee and interchanges of the results and experience
Recogtiizitigthat, as a result of the endeavours at Geneva of the partie; con- of research conducted at the national level, so that man's knowledge of the
cerned, substantial progress has been made towards reaching agreement on the hazards of radiation willconstantly improve and in particular so that the second
cessation of the testing of nuclear and thermonuclear weapons, under appro-
priate international control, comprehensive report to be presented in 1962 by the Committee will be as
Recogtiizitigfitrtlier that agreement on the cessation of tcsts of nuclcar and scientifically authoritative and informative as possible;
thermonuclear weapons is not only imperative but urgent, 5. Itivites countries wishing to do so to take advantage of the offers of
laboratory facilities which have been made by member States, the World
1. Urges the States concerned to niake every cfrort to reacli agreement as Hcalth Organization and the International Atomic Energy Agency for the
soon as possible on the cessation of tests of nuclcar and thernionuclear weapons. analysis of samplesof air, water, bone, soi1and food collected in their territories,
under appropriate international control; as envisaged in section IVof resolution 1376(XIV);
2. Urges the States concerned in the Geneva negotiat ions to cont inuc thcir 6. Req~teststhe Scientific Committee to examinethe possibility of accelerating
present voluntary suspension of the testing of nuclear and thermonuclcar its second comprehensive report and to consider at the earliest possible time
weapons, and requests other States to refrain from undertaking sucli tests; whether the facts at its disposal cal1for the submissionof an interim report.
3. Reqliests the States concerned in the Gencva negotiations:

.,) To keep tlie Disarmament Commission periodically irifornied of thc
progress of thèir negotiations; Utlit(JdNutiotls Gericv-crissctrrblyRe.sollttiorr1632(X VI) of 27 October 1961ori
(6) To report the results of their negotiations to the Disarmanierit Conirnis- the "Cotititirratioti of Sltsperision of Nliclcar arid TliermonrrclearTests und
sion and to the General Assembly. Ohligatiorrsof States ro Refrairtfrorn their Reriewal; The Urgent Need for u
Trcncrtt), UuriNlrclear WerrpotisTests uttder Eflective IttterriatiorialControl"

Utiited Natiotis Ceticru1Asscttlbl~~ Rcsolution 1629 1 (X VI) of27 Octobcr-1961 Thi~GcriercrAl sset?rbly,
011tlie "Atitiur~lProgrcss Roport of Utlitcri Nutioris Scicrit~ic Cottitrrittc*co~ r1 Sc~izc*tlotfhe question of halting nuclear weapons tests,
Ei)i~-tsof Atottric Rut/itrtiotiji)r /"6 Solertvily uppi~alsto the Government of the Union of Soviet Socialist Re-
publics to refrain from carrying out its intent ion to explode in the atmosphere a
50-megaton bomb before the end of this month.

0
Deeply cottcertied that as a result of the renewed discharge into the cartli's UrritctiNutiotts GeriernlAssi~niblyResolutiott1648(XVI) of 6 Noveniber1961on
environment of radio-active debris there have becri sharp incrcases in thc Ievcls tlre "Cotititruatiori of Sitsperisioti of Nltclear and Tl~ermottuclearTests aticl
of radio-active fall-out in many parts of the world, Obligg<ltiotiosf States to Refraiti fronl tlieir Rene~lal"
Fearfulthat the prolonged exposure of mankind to increasing levelsof radio-
active fall-out would constitute a growing threat to this and futurc gcncrations. TheGetieralAssembly,
Recogtiizirtg the great importance of the contribution made by thc Unitcd Recallirig its resolution 1577 (XV) of 20 December 1960 which urged the
Nations Scientific Committeeon the Effects of Atomic Radiation in the study Of States concerned to continue the suspension of test explosions, and also its
the extent and nature of this hazard,
resolution 1578 (XV) of the same date,
1. Declares that both concern for the future of mankind and the fundamental Fltrtlierrvcallitrgits resolution 1379(XIV)of 20 November 1959,
principles of international law impose a responsibility on al1States conccriiing Beuririgin niitidboth the grave and continuing hazards of radiation resulting
actions which might have harmful biological consequences for the existing and to humanity from test explosions as well as their adverse consequences to the
future generations of peoples of other States, by increasing the lcvels of radio- prospects of world peace through heightening rather than lessening inter-
active fall-out; national tensions,
2. Approves the annual progress report of the United Nations Scientific Corisirli~ririt urgent and imperative that no further tests should take place,
Committee on the Effects of Atomic Radiation and draws particular attention
to the Committee's view that the resumption of nuclear test explosions since the 1. E.cprcssesits (/cep coricerrlarrtlproforrticiregret that test explosions have
publication of its last comprehensive report increases the urgency for the inten- been resumed ;
sification of relevant scientific studies; 2. E(rrtii~st1yrgesthe States concerned to refrain from further test explosions
pending the conclusion of necessary internat ionally binding agreements in
3. Expresses appreciatioti for the valuable information on radio-active con- regard to tests;
tamination, radiation levels, and radio-biological questions which has been 3. E.vprcsscscotifiletice hat the States concerncd will reach agreement as
furnished to the Scientific Committee by member States. the specialized soon as possible on the cessation of tests of nuclear and thermonuclear
agencies. the International Atomic Energy Agency, the International Commis- weapons, under appropriate international control;
sion on Radiological Protection and the International Commission on Radiolo- 68 NUCLEAR TESTS REQUEST 69

4. Calls upon the States concernedto engage themselves withurgencyand UniteclNatiotis GetieralAssenrbly Resolritioti2661A (XXV) of 7 Decentber1970
speedinthenecessaryefforts to concludesuchagreementsexpeditiously. on "GeticralcrtidConipleteDisarttranietr"t

TheGetieralAssembly,
Cotrvitrcedof the necessity, for thv eerysurvivalof mankind,of bringing the
United NatiorrsGetreralAssctziblyResol~itiott1762 A (X VI/) of 6 Novettrbcjr1962 nucleararmsracetoan immediatehalt,
on the "Urgent Needfor Slrspensiotiof N~rclearanrlTlierniot~rrcleaT rests" Recallittg its resolutions2456 D (XXliI) of 20 Decembcr1968 and 2602 A

[See Antiex 9 to the Australiati Reqlrestfor the Ititlicatiotiof Ititeritti hfcasures of (XXIV)of 16December1969,
Protection, 1,p. 1/81 Notirtgwitlrsatisfactiorrthecontinuationof bilateralnegotiationsbetwecn the
Governmentsof the Union of SovietSocialistRepublicsand the UnitedStates
of America on the limitation of offensive and defensive strategic nuclear-
weaponsystems,
United Nations GeneralAssenibly Resolrrtion1910 (X VIII) of 27 Nosertiber1963 Believittgthat the possibilitiesfor rapidsuccessin thesenegotiations would
on the "Urgent Needfor Suspensionof NuclccrratrdT/rert?iotiiicleaT rests" increaseif steps were taken now by the nuclear-weaponPowers to halt the
developmentof newnuclearweapons,
[See Annex Il to theAustraliati Requestfor the Ititlicatiotiof /trtc~rhi!easiiresof Urges the Governmentsof the nuclear-weaponPowersto bring about an
Protection, 1p. 1221 immediatehalt in the nucleararms race and to cease al1testing as well as
deploymentof offensiveanddefensive nuclear-weaponsystems.

United Natiotis GeneralAssenrbly Resollitioti2032 (XX) of 3 Dc~cenrbe1 r965oti
the "Urgerit Need for Suspension of Nirclearattd Tlic~rttroti~iclcT~t~rsts" UriitedNariotrsGcrteralAssc.ttrblyResoliitiorr2663B (XX V) of 7 Decettiber1970
on t1rc"Urgetit Necdfor Suspctisiotiof NirclearartclT/zerntottiiclearTcsts"
[See Antrex 12to the Australiati Request for tlieItitlicatiotiof Itrterir?i~~lcas~fsco
Protection,1,p. 1231 [Sec Anrrex 17 of the Australiatt Reqrrestfor tlieIttrlicatioriof Interini hleasirres
of Protection, 1p. 1281

United Nations GetieralAssenrbly Resolirtion 2163(XXI) of 5 Decernber 1966on UtriteciN(itiotisGenercrlAssetrib,y Resol~rtiot828 (XXVI) of 16 Decentber 1971
the "Urgent Need for Srrspetrsionof Nlrclcurattd TlrermonrrclearTcsts" otrtire" UrgetttNtjetifor Srrspet~siottf NlrclearatitiTlrertriotruclercsts"

[See Anttex 13to tlleAustrnliati Requestfor flicItitlicatiotrof Ititcrit~ihlccrs~ofcs 1Sec*Atitrex 161to the AlrstraliatrRc~qriesft r tlie Itidicationof ItrterittrMeasiires
Protectioti,1,p. 1241 ofProtecfiotr,1,p. 1291

United Nations GetteralAssenrbly Resolufiot~2343 (XXII) of 19 Deccttibc~r 1967 UtiircclNariorisCctreralAssc~rtrblRyesoliitiori2934A-C (XX VII) of 29 No,*cniber
oti the "Urgent Needfor Sirspetisionof Nlrclearatid Ti~c~rttiotirrcl~Taersts" 1Y72on tire "UrgcvrtNc.etlfor Siispctrsiotzof N~iclearand T/tert?totrrrclearests"

[See Antiex 14 to the AlrstraliarzReqcrestfor tlieIiiclicafioriof Iriterittrhl~~asirres [ScjeAt~rrcx21 to tlie AlrstruliatiReqrrest/i)r the Itidicatiotiof IttterinrMcasures
of Protection, 1,p. 1251 of Protectiori1,p. 1391

United Natiotis General AssernblyResolutioti2455(XXIII) of 20 Decenrber1968
on the "Urgent Need for Suspettsiotiof N~iclcarariclT/ierniotirtcIearTcsts"

LSee Annex 15to tlleAustralian Requestfor tlieIttdicationof ItrterittrMc?aslrreo sf
Protection, 1,p. 1261

Utiited Nations Getieral Assembly Resolrrtiotr2604 B (XXIV) of 16 Dccettrber
1969on the "Urgent Needfor Suspettsionof Nrrclcarc~tldTlrerr~rotiuck~T at~sts"

[See Annex 16of the Australiati Rccluestfor tlic Iti(iicntiotrof Ititc.ritrrhfctrsirresof
Protection, 1,p. 127j NUCLEAR TESTS
REQUEST 71

Awclrc.of the spccial circumstances of the geographical location and the
econoniic conditions of those Tcrritories,

Annex III 1. Approvcs the chaptcrs of the rcport of the Spccial Committce on thc
Situation with regard to the lmplenicntation of the Dcclaration on the Granting
UNITEDNATIONS GENERAL ASSEMBLR YESOLUTIO2 984 (XXVII) OF 14 DECEM- of Independence to Colonial Countries and Pcoples relating to the Tcrritorics
BER 1972 ON THE "QUESTION OF AMERICAN SAMOA B,AHAMASB ,ERMUDA B,RITISH listcd abovc;
VIRGINISLANDSB ,RUNEIC , AYMAN ISLANDSC ,OCOS (KEELINGI)SLANDSG ,ILBERT 2. Kcc?ljirt~the inalienablc right of the peoples of those Tcrritories to sclf-

AND ELLICEISLANDS,GUAM, MONTSERRAT ,EW HEBRIDESP , ITCAIRN,ST. determination and indcpendcnce in accordancc with the Declarat ion on the
HELENA,SEYCHELLES, SOLOMON ISLANDST , URKS AND CAICOSISLANDS AND Granting of Indcpendcncc to Colonial Countries and Peoples;
UNITEDSTATES VIRGINISLANDS" 3. Clrlls rrpothc administering Powers conccrncd to take al1 the neccssary
stcps, without furttier dclay, to ensure thc full and speedy attainment of the
TheGerterulAssentbly, goals sct forth in tlic Dcclaration with rcspcct to thc Territories and, in that
Having considered the question of American Samoa, Bahamas, Bermuda, rcgard, to cstablish. in consultation with thc freclyclcctcd rcprescntatives of thc
British Virgin Islands, Brunei, Cayman Islands, Cocos (Keeling) Islands, pcoplc. 1ispccific tirnc-table for ttic frce excrcisc by the pcoplcs of thosc Tcrri-
Gilbert and Ellice Islands, Guam, Montserrat, New Hebrides. Pitcairn, St. torics of tlicir right to sclf-dctcrniination and indcpcndencc:

Helena, Seychelles, Solomon Islands, Turks and Caicos Islands and Unitcd 3. H(~c~lfirtts cotirictiotlint the qucstions of territorial sizc, geographical
States Virgin Islands, isolation uncl limitcd rcsourccs shvuld in no way dclay thc implcrncntation of
Havitig exaniitiedthe relevant chapters of the report of the Special Committce tlie Dcclarai ion wh rcspcct to the Terri tories coricer;ed
on the Situation with regard to the Implementation of the Declaration on the 5. Str.ori~lyik~prcccr.n~y iittcrnpt aimed at the partial or total disruption of
Granting of Independence to Colonial Countries and Peoples, tlic national unity and territorial intcgrity of colonial Territorics and the
Recullittgits resolution 1514 (XV) of 14 December 1960, containing the cstablishmcnt of military bases and installations in those Territorics, as bcing
Declaration on the Granting of Independence to Colonial Countries and incompatible with thc purposcs and principles of the Charter of the United
Peoples, and its resolution 2621 (XXV) of 12 October 1970, containing the Nations and of Gcncral Asscmbly resolution 1514(XV);

programme of action for the full implementation of the Declaration. O. Oricc qyairr colls rrpothe adniinistering Powers concerncd to rcconsidcr
Recallit~gits previous resolution relating to those Territories, in particular tlicir attitude towards the rccciving of United Nations visiting missions to thc
resolution 2869(XXVI) of 20 December 1971, abovc-nicntioned Tcrritorics and to permit access by such missions to Territo-
Deploring the intransigent attitude of the Governments of the United King- ries under thcir administration;
dom of Great Britain and Northern Ireland and France, in contraverition of the 7. Ccills irpotthe administering Powcrs concerned to participate in thc
provisions of the relevant resolutions of the General Assembly, and thcir rclcvant procccdings of the Spccial Conirnittce rclating to the Territories undcr
persistence in refusing to CO-operatewith the Special Committce in itsexamina- tlicir administrationand. in particul;ir. to rcport to thc Spccial Committec on
tion of the Territories under their administration, tliciiiipIcmciit;itiori of tlic prcscnt rcsolution;

Deeply deploririgthe policy of those administering Powers which continue to 8. Kcqrrcststhe United Nations systcm of organizations to assist in acccler-
maintain military bases in some of the Territories under their administration, in ating progress iial1scctors of the national lifeof those Territorics;
contravention of the relevant resolutions of the General Assembly. 9. Ciills rrpthe atirninistcring Powcr conccrncd, in view of its rcsponsibility
Deeply deploririg also the attitude of those administering Powers which towards thc welfarc of the pcoplcs of thc Non-Sclf-Governing Territories in the
continue to refuse to allow United Nations mjssions to visit the Territories rcgion, to discontinuc any furthcr nuclcar atmospheric tcsting in thc South
under their administration. Pacific arca, in ordcr riot to cndarigcr the lifcand environment of the pcoplcs of
Bearit~gin mitiin particular the positive results achièved as a consequencc of I tlic Tcrritories conccrnc;
the visits by United Nations missions to other colonialTerritories and reiterat- l 10. /tivitcthc Sccrctary-Gcrieral, having regard to the mandate cntrustcd to

ing its conviction that the dispatch of visiting missions to the above-mentioned hini in Gcncral Asscmbly rcsolution 2909 (XXVII) of 2 Novembcr 1972.to pay
Territories is indispensable for securing adequate and first-hand information in particiilar rcgard to the nccd to intcnsify widesprcad dissemination of informa-
regard to political, economic and social conditions in the Territories and to the tion on the proccss of dccolonization in respect of the Tcrritorics listcd abovc;
views,wishes and aspirations of the peoples therein, I1. Kcqrrc3.stse Spccial Comniittcc to continue to give full corisidcration to
Deeply coticertteabout the adverse effects of con tinued nuclear atmosphcric tliis question, including in piirticular the dispatch of visiting n~issionsto thosc
testing in the South Pacific on the life, welfare and environment of the pcoplcs Tcrritorics. and to rcport to tlic Gcncral Asscmbly at its twenty-cighth session
of the Non-Self-Governing Territories situated therein, and af'firmingthat those on tlic implcrncntation of thc prcscnt rcsolutiori.

peoples have the right to be free of the hazards to their lives, welfarc and cn-
vironment caused by such tests,
Mittd'ulthat the Territories listed above require the continued attention and
assistance of the United Nations in the achievement by thcir peoples of thc
objectives embodied in the Charter of the United Nations and in the Dcclara-
tion of the Granting of Independence to Colonial Countriesand Peuples, NUCLEAR TESTS REQUEST 73

deplores the French Government's attitude in persisting with these tests in spite
of repeated requests by the Governments and peoples of the South Pacific
region to stop them: despite its assurances about the inoffensiveness of these
nuclear explosions to healtli and safety, and to marine life which is a vital
Annex IV clcriict irittic econorny of South Pacific countries, the French Governmcnt
continues to conduct theni at a point of the earth's surface far removed froni the
mass of its own people.
The continuation of these tests is an impediment to the joint efforts of the

Pacifie Islands Governnicnts and this Association to iniprove the quality of life
Extract from thecommuniqué issued on 7 August 1971at the conclusion of the in the South Pacific regioii. The nienibcr governnients of the Pacific Island
first meeting of the South Pacific Forum. I'roducers' Association, thcreforc, urge the French Government to reconsider
Resolution adopted by a meeting of the Pacific Island Producers Association on its intention and to cal1a definitivc lialt to its nuclear tcsts programnie in this
14June 1972. region.
Statement signed by the Prime Ministers of New Zealand and Australia on
20 June 1972 and transmitted to the Chairman of the Conference of the
Committee on Disarmament. I
Passages from a declaration made on 22 June 1972 by the Foreign Ministcrs of

the countries of the Andean Group.
Extract from the communiqué issued on 29 June 1972at the conclusion of the Upon tlie resuniption of thc nieetings of the Conference of the Committeeon
ANZUS Council meeting. I Disarmanicnt, itis a niattcr of tlie dccpest rcgrct that it should prove necessary
Extract from the communiqué issued on 14 July 1972 at the conclusion of a
meeting of the Foreign Ministers of Indonesia, Philippines. Malaysia, for the Australiari and Ncw Zealand Prinie Ministers, meeting in Canberra, to
Singapore and Thailand. address tlienisclves to you to express their joint protest that a further series of
Extract from the communiqué issued on 14 Scptember 1972 ritthe conclusion atiiiosphcric tests of riuclear wcapons shoulci be iniminent in the South Pacific.
of the third meeting of the South Pacific Forum. The Govcrnr-nciit of France must bear the full responsibility for the decisiori
whicli it has apparently taken to proceed witli such tests. It does so contrary to
Extract from the communiqué issued by the Prime Minister of New Zealand the appeals made to it by niany Pücificcountries, contrary to the urging of the
and the Deputy Prime Minister of Malaysia following their meeting on General Asscnibly and contrary to tlie reccnt cal1by tlic Stockholni Conference
25 March 1973. which has espccially condernned ttiose tests carricd out in theatmosphere.
, Motion adopted unanimously by the Cook Islands Legislative Assembly on The Australiari and Ncw Zcalarid Governnicnts, rcflecting the grave concern
11April 1973. felt throughout their cornniunitics and conscious that the problem of atrno-
Extract from the communiqué issued on 19April 1973at the conclusiori of the
fourth meeting of the South Pacific Forum. splicric tcsting in thcir rcgioriis part only of iibroader problcm, rccalliiig thcir
Extract from communiqué issued by the Prime Ministers of New Zealand and support at the Unitcd Nations Gcncral Asscinbly Novcniber 1971for rcsolution
Australia on 23January 1973. 2828 (C), which strcsscd tlic Lirgcncyof bringing to a halt al1 nuclear weapon
tcstirig in al1crivironrncrits by al1 States, cal1jointly on the Confercnce of tlic
Coniniittce ori Disarriiainent to contiriuc to accord high priority to the question
of the urgent nced for suspension of such tests and the formulation of ricorri-
Extrnct froni tlieCotrittiirtiit~~Irslretloti 7 Alrgirst1971 trt tlic Coticlitsiotioftlic prchcnsive test ban trciity.
First kleetitlg of tlrcSoirtliPtrcificForitni

[Sec No. 3 iit tlreAt111e.tvo tlieFij ippliccrtionforPc.rnii.~.riotioi 1titcr.i~c~ittiictlic P(rs,sti,~/t.o~~itrBc>c-1tir.titi~r\iltroti 22 Jirtrc1972 hy thc For.riC<A rtliitristcrs
Australia v.France case, 1,p. 1.541 of I/ICorttitt.icof'tlic/Itr</c*ntrroirp

Thc Miiiisici-s of Forcign Attiiirs of Holivia, Colonibia, Chilc, Ecuiidor. antl

ResolrrtioiiAtloptc~l by a ,i21t~~titiogf tlie Ptrcfic IsluritlProrlircctAssociotioii . 1 Pcru. iittciidirig at Liriia tlic Thii-dAssembly of the Andean Group, are infornicd
or114Jirtic1972 t11iittlic 1-:rciicl~Govcrnmcnt h;is dcclarcd a zone of the South Pacific as ri
daiigcrous arca for navigation and acro-navigation and this constitutcs an
The Prime Ministers of Western Samoa, Tonga, and Fiji, the Prcniicr of thc cvitlciit sign of iiuclcar tcstiiig arouritl tlie Mururoa Atoll.
i Thc t-orcign Ministers of tlic Andcan Group condemn such experiments as
Cook Islands and represcntatives of the Niuean and Gilbert and Ellice Islands being ctangcrous to both prcscnt and fiiture gcnerat ions of mankind as wellas to
Governments, meeting in Rarotonga during the seventh session of the Pacific 1 the iiornial dcvclopmcrit of animal and vcgctiible life in the world and in
Islands Producers Association, unanimously agrcecl to rcgister a strong particiilar in this area inasniuch as sucti tcsts introdiice elcrnents of environ-
protest against the French Govcrnnient's decision to proceed with further
nuclear tests on Mururoa Atoll. These tests are a real threat not only to the nieiit:il contamination ivhich distiirb the ccological balance in the South
peoples of the South Pacific but also to their environmcnt. The corifcrence Pacific rcgion.74 NUCLEAR TESTS REQUEST 75

The conclusions approved by the General Assembly of the United Nations as during the early stage of thc forthcoming session of the Gcneral Assembly.
well as the results of the recent Conference on the Human Environment con- and outlined the approach which they intcndcd to adopt. The warm support of
firmthe views of the members of the Andean Croup and obligc thcm to cal1for othcr Forum members was voiccd for this initiative.
the immediatecessation of these nuclear tcsts.

Extract froi~ttlrc Contt~rrrriitjr~s;rrctlit 29 Jutic~1972
ut the Cotrclrrsiortof tltA NZUS Corrrrcili2.lcetit1f:

Tlic two Icadcrs iiotcd that thc continuation of atmosphcric tcsting of nuclcar
The council observed that, notwithstanding the mount ing opposition aniongst weapons in the Pacific was causing dcep conccrn in maiiy countrics of thc
countries of the Pacific, nuclear tests were still being conducted in tlic atmo-
sphere. The ANZUS partners, being partics to the Nutlear Test Ban Trcaty of rcgioii. Mr. Kirk outlincd tlic policy New Zcalund wüs following in an endcav-
1963, affirmed their hope that there should bc universal adhcrcnce to this our to bring about a halt to thcsc tests. Both lcadcrs reafirmed thcir Govcrn-
treaty. It was noted that, in response to the decp and widcsprcad conccrn fclt incnts' cariicst wisli to scc an carly cnd to al1nuclcar wcapons tcsting in what-
throughout their communities at the furthcr series of tests in thc South Pacific, cvcr cnvironmcnt and expresscd thcir dctermination to continue to work for
the Prime Ministers of Australia and New Zealand had issued a joint cal1to thc iliis objcctive inhc Unitcci Nations and clscwhcrc.
Conference of the Committee on Disarmament. It was agrecd that progress in

this area would respond to the deeply held feelings and aspirations of the hlotiotr AtI~l>t<Utl~rtitrit~ror)y!ltc~Cook/.s/urtr/sLegi.s/utircAsset~rbly
peoples of the Pacific area. oit /1 April 1Y73

7htrt tlrir A.r.sritryieplorcs the continuatiori of atmospheric tcsts of nuclcar
Extracr from the Cot~rt?rirrtiqirIts;siîctl ot14 J~îly 1972 at tlrc Cortclltsiorrof tr wcapons in our neighbouriiig islarids of French Polyncsia in spitc of rcpcatcd
Meetittg of the Forcj&ttMirtist~rs of Intlotresia, Pliilippincs, hluluysitr, protcsts by Govcrnnieiits. ï>arlianicntsand the peoples of the Pacitic;
Sittgapore urt(lTlrailattcl
E.t-.ul~r.(~ts.sI(J< Jotrc(lrrand appreherision at the potcntial hazards that
The meeting deplored nuclear tests anywhcre in the world. Such tests pose such tests pose 10thc hcaltli and safety of our islands and thc associated mariiic
lifc;
unknown hazards to human life, disturb ecology and pollute the cnvironmcnt, Srrpports ~cltol~~ltc~crrt~t~tlytcps bcing taken by New Zcaland and othcr
and are in defiance of the Declaration adopted by the Stockholni Confcrcncc on nations to scck thc irnnicdiatc discontinuance of such tests and requcsts thc
the Human Environment. Morcover, they arecontrary to the letter and spirit of Ncw Zcalnnd Govcrnnicn t to comniunicatc thc Assembly's expression of
the United Nations Treaty banning nuclear weapon tests in the atmosplicre, in censure to the Govcrntiictit of 1-rance.
outer space and under water, which hüs received almost universal support.

E.vtrtrctfior~ttlre Cot~it~trrriirîr;ictc/oir 19April 1973at tltc Cotrclnsiott
Extract frottr the Cot?wirriiit~rîlis.sur(/ o14 Scptcr~tbcr1972 at [lie Cottclr,sio,t
of tlrc TlrirtlMectirtg of tlte SorrtltPuci/ic Foriîttr oftlrc Forîr~ttlccritr~o~f flreSoirtlrPcrci/icForwir

Tlic t:orurii rccalled thc cxprcssion of opposition at thc mcctings of the
The question of nuclear wcapons tests was extcnsively discusscd in the light of Fori~riiin 197 1 and 1972to ntniosphcric nuclciir wcapons tcsting conductcd by
the series of tests recently concluded by France. t-.rancein Ille Soiitli Pacilic. Mcnibcrs took note of tlic fact thrit thcir opposition
Members were unanimous in expressing their deep conccrn ttiat tlic Frcnch was iiicreasiiigly slinrcd by world opinion. Thcy wclcomed thc most rccerit
Government should have failed so signally to accord recognition to the wishcs rcsolutiori of tlic Uniiccl Nations Gcricral Asscnibly, calling, with rcnewcd
of the peoples of the South Pacific area despite the views so clcarly inciicatcd by iirgeiicy. for a hait to al1~itriiosplicrictcsting of nuclear weapons in the Pacitic
both governments and peoplcs. The fact that radio-active hll-out frorn this ancl clsc~s~hcrcin the world. Mciiibcrs wcrc once again unaninious in cxprcssing
year's series was low because of the nature of thc test explosions carricd out did tlicir dccp conccrn at thc npparcrit continiiing frtilurcof thc French Governmcnt
not lessen their opposition, which would rernain unaltered until such timc as a to apprclicnd the cxtcnt of opposition to the conduct by France of its tcsts in thc
firm assurance was given that the South Pacific would not be uscd as a sitc for I'iiciticarca and to rcspcct tlic wislics of thc pcoplcs of thc arca. Thcy rcaffirmcd

further experirnentation of this kind with its resulting implications for man and thcir stroiig opposition to tlicsc tcsts which exposcd their peoplcs as wcll as
his environment, and in particular themarineenvironment. thcir cnvironnicrit to radio-active fall-out against thcir wishcs and without
Members exchanged views as to the ways and means by which they could bcricfit tothem, and which cicnionstratcd deplorable indifrcrcnce to their futurc
pursue their common objective of bringing to an end al1nuclear weapons tests wcll bcing. Thcy urgcd tlic Govcrnrnciit of France to hecd the cal1of the Unitcd
in al1environments by any country. The Prime Minister of New Zealand and the Nations Gcncral Asscrntdy and ifs obligations under international law by
Minister for Foreign Ardirs of Australia informed thc mccting of thc stcps Ivinging ahout ilrinimctfiiiic1i;iIto :il1tcsting inttic aren. Mcnibcrs csprcsscd
being taken by the two Governments to invite Pacific member States of the tlicirdctcrriiin;itioti to iis;ilpropcr and practicablc mcrins open to thcm to
United Nations similarly concerned about this mütter to meet in Ncw York briiig ail ciid to riuclcar tcstiiig ~~:trliciirthe South Pacific. REQUEST
76 NUCLEAR TESTS

Extract from CommuniquéIssiiedby thePrime Ministers of New Zealarid
andAlistralia on 23 Jariliary1973
AnnexV
The Prime Ministers accorded high priority to the problem posed by con-
tinued nuclear weapons testing. They emphasized that their opposition extended PROPOSEIISTATEMEN TF VIEWS ON ATMOSPI~EKIN CUCLEARTESTS IN THE
to al1forms of nuclear weapons testing by whatever nation and reaffirmed the
objectives of a suspension of al1 such testing and the conclusion of a coni- PACIFICSULIMITTE TO) SUBCOMMITTIEIE IOF THE UNITEDNATIONS COMMITTEE
prehensive test-ban treaty. ON THE PEACEFUU LSES 01: TIIESEA-BED AND OCEANFLO~KBEYOND THE LISIITS
OF NATIONAJ LUKISUICTIO(N AUGUST1971)
They appealed in particular to France to appreciate the special degree of
concern which the testing of nuclear weapons in the South Pacific causes Subcommittcc III rcquest thcir Chairman to convey to the Chairman of the
throughout the region. They recalled that an overwhelming majority in the Unitcd Nations Committee on the Pcaceful Uses of the Sea-bed and Ocean
United Nations had already acknowledged the legitimate nature of this wide-
spread concern. The Prime Ministers declared their Governments' intention, Floor and through the latter to the Secretary-General of the United Nations.
failing such an assurance, to work together to opposethe tests by al1appropriate their anxious concern at tlic continuancc of atmospheric nuclcar weapon tests
means and to consult closely with other countries in the region. in the ocean environmerit which has again bccn brought to public attention by
the cxplosiori by the Governiiiciit of France of a prototype thermonuclcnr
devicc in the Pacific region as part of a continuing scrics of nuclear wcapon test
explosioiis at Mururoa.
Ttic Subconiriiittce have notcd the assurances given by the reprcsentative of
France th:~t cfTcctivenicasures wcre taken by the Government of France to
prevcnt harniful consequences arising froni the particular activities to which

refercncc has bcen niade.
In cxpressing their anxious concern the Subcommittee have in mind thcir
special responsibility to proposeegal norms for the preservation of the niarine
environment, including the prcscrvation of marine life, which is a vital element
inthe subsistcnce and cconomy of he Pacific lslandcrs.
Ttic Subcomniittce belicvc thatitis also desirable to address an urgent appeal
to thc Government of France that. in view, iiitcr.crlicro,f the possibility of scrious
harm to the marine cnvironmcnt and to marine life,itceaseatmospheric nuclear

weapon test explosions.

(This statcnicnt of views was subniittcd by Australiri, Japan, Malta, New
Zealand. Pcru and the Pliilippincs. Thc report of thc Sea-Bed Committce to the
General Assenibly states (A18421,para. 173): "In view, however, of the opposi-
tion of tlic dclcgation of the Membcr Strite conducting the tests, the Subcom-
mittce was uriablc to takc a decision by consensus.")

Dt~~jiRi~~oliîtioi11 Niick~~r~VCJLJPT OcIsIfSs iri flic PlrcifjcSlibrto Slîb-
cor~iniittccIllof tlrc Uniti~tlNations Coi?in~ittcc~ii tlic P~~acefil sesof rlrc
Scir-B(~<tln<lO<.c~crFrliuor Bi>j-otliic Lirtiits of IVotiorinlJliris(!ictiori
(Aiîgirs1972)

Thc Coniniittce on thc Pcaceful Uses of the Scri-bcdand the Ocean Floor.
Rcctrlli~ire suggested statenient of vicws submitted to its Subcommittee II1
at the 8th niccting of that Subcominittcc (A18421,Annex V),
Flirtlier.rc~ccil~hc resolution on thc subjcct of nuclear testing adoptcd by
theUnitcd Nritions Conferencc on the Humrin Environment. as wcllas Principlc
26 of the Dcclaratioii on the Hunian Environmcnt adoptcd by the same Con-
ferencc,
Actiiig in furthcrance of tlic principlcs of thc Partial Nuclenr Test Ban

Treat y,78 NUCLEARTESTS REQUEST

Having noted the concern of the nations and peoples of the Pacific at, and
their oppositionto, theconduct of the nuclear weapon tests in that region,
Bearitigin mind its obligation to propose lcgal norms for the preservation of
the marine environment and the prevention of marine pollution ;
Annex VI
1. Declares that no further nuclear weapons tests likely to contribute to the
contamination of the marine environment should becarried out,
2. Requesrsits Chairman to forward this resolution to the Sccretary-Gcncral
of the United Nations for referral to the appropriate United Nations bodies,

includingthe conferenceof the Committee on Disarmament.

(This draft resolution was submitted by Australia, Canada, Chile. Colombia,
Fiji, Indonesia, Japan, Malaysia, New Zcaland, Peru, Philippines, Singapore
and Thailand. The Report of the Sea-Bed Committee to the Gcneral Assenibly
States(A/8721, para. 274): "Both the delegations of France and the People's
Republic of China objected to the adoption of this resolution and a consensus
could not bereached inthe Subcommittee on itsadoption.") NUCLEARTESTS REQUEST 81

between mid-May and early October, a period during which the prevailing
winds can be expected to carry the fission products in an easterly direction
across the Pacific towards South America, circling the southern hemisphere in
AnnexVI1 about three weeks, sometiniescircling it more than once.
8. The meteorological conditions selected for the nuclear weapons tests do
not always ensure that the radio-active particles floating in the troposphere
continue to drift eastward. Occasionally the air current carrying them has
swung northward in an anti-cyclonic eddy and eventually turncd westward,
producing a "blow-back" which carried the slowly diffusing radio-active
In September 1957a Cabinet directiveof the New Zealand Governn~ent made particlcs over islands in the Central Pacific area in a matter of days. Highcr
its Department of Health responsible for monitoring the environmental radio- levels of radio-activity in air wcrcthen recordcd and any rain occurring at the
active contamination in New Zealand and in any Pacific area witli which New tirne ("rairi-out") has dcposited frcsh fission products anci increascd the local
Zealand was associated. lcvclof radiation significantly.
2. In compliance with this directive the National Radiation Laboratory of the
Department of Health (at that time called "Dominion X-ray and Radium 9. Arriva1 of fresh fission products at the Laboratory's monitoring stations
Laboratory") started to set up a network of sample collecting and monitoring was dctccted aftcr cacli of the Frcncli tcst scries. Report NRL-FI49 shows
stations in New Zealand, extending it latcr to Fiji, the Cook Islands, Western grnphically in figure 13(p. 12)the average monthly radio-activity of air (total
Samoa, Niue, Tonga, and theGilbert and Ellice Islands. beta activity) at eight of its monitoring stations during the six French nuclear
3. The results of the measurements made by the Laboratory are published at weapons tests serics between 1966and 1972.(There wcrc no tcsts in 1969.)The
regular intervals in a series of 50 detailed technical reports. The tirst of these average air radio-activity during cach monitoring pcriod at the same stations is
reports ("Fall-out in New Zealand", Report No. DXRL-FI) gave the results of given in table 3 on page 13of the same Report and shown in graph 1 appendcd
the measurements made between July 1959and June i961, while the subscquent hercto. The significance of periodic increascs in the radio-activity of air and of
49 quarterly and annual reports provided a continuous coverage of tlic levels of rainwatcr. and the corrclatiori of these i~icreases with the French nuclear
radio-activity obscrved by the Laboratory up to the cnd of 1972. The annual weapons tests in the Pacific isdiscussed on page 7 of NRL-FI48 while figure 3 on
reports since 1966 and two reports concerned exclusivcly with French nuclear page 9 of NRL-FI48 and figiire 4 on page 19 of NRL-F/49 show the levcls of
total beta activity froni fresh fission products in rain related to the dates of
weapons tests are listed in an appendix hereto. French nuclear weapons tests in he Pacific.
4. The extensive and continuous measurements made and published by tlie 10. lodinc-131 is a critical contaminant when fresh fission products are
Laboratory, covering a period of over 13years, provide a unique record of the depositcd kause of the high yield of this radionuclide produced in nuclcar
changingpattern of environmental radio-active contamination in the arca of the explosioris. and because it is bcing selectively absorbed into the thyroid. The
Pacific monitored by the Laboratory. The measurements give a clear indicatioii
of the extent to which radiation levels in New Zealand. and in the islands wide browsing habit of cows leads to a concentration in milk within one day of
monitored by the Laboratory, have been affected by the nuclear weapons tcsts pasture contamination. Because of their srnall thyroids, children reccive a
conducted by France in the Pacific. higlicr dose ttian adults from tlic sarnc intakc; furthermore, childrcn are likcly
5. A summary of the detailed rcsults given in these reports follows. 11deals to have a greatcr dnily consuniption of fresh milk. Because iodinc-131 has a
under separate headings with the two kinds of fall-out resulting frorn riuclcar short half-life of eight days the levcl contaminati oanidly decreascs ovcr a
weapons tests: rroposphericfull-oi~t(causing short-term effects, spccifically dcalt few wceks unless further deposition occurs. The significance of pcriociic in-
with in Reports NRL-FI47 and F/49), and strnfosplicric fnll-oiit (causing long- creases in the levcls of iodine-131 in milk and in cattle thyroids is discussed on
term effectsspecifically dcalt with in reports NRL-F/49 and F/50). pagcs 15and 16of NRL-FI47 and shown graphically in figures 7and 8 on pagcs
37 and 38 of that report, and in figure5on page 21of NRL-F/49, related to the
dates of French nuclear weapons tests.
6. Tropospheric fall-out from nuclear weapons tcsts ariscs from thc injection II. lncrcascs in gamiiia radiation Ievels provide a useful warning of the
of fission products into the lower atmosphere (below about 15kiloriictrcs). 1t is arriva1 of fresli faIl-out products. A disciission of one such instance, arising
froiiitlic raiii-out IO Scptcnibcr 1900 oii Apia, Wcstern Samoa. following tlic
usually associated with nuclear explosions in the kiloton range detoriated ricar 1;rciicli nuclcar wcaporis tcst of 12 Scptcmhcr 1960, if given on page 10 of
ground or sea level. Tt has a predominancc of short-lived radionuclides of NIiL-F/47 aiid shown grapliically oii page 33 in figure 2 of tlic sanie reportA
relatively higli specific radio-activity, causing suddcn incrcascs in air radio- discussiori of cxternal garnniii radiation doses frorii h11-out depositions is giveri
activity as the cloud of radio-active pürticlcs is carried along by prevailirig on pagcs 12 and 13 of NRL-FI47 with special refercnce to the "blow-back"
winds. The gravitational settling of the radio-active particlcs floating in the
troposphere, and their precipitation in rain, tends to occur at about the sanie rain-out al Apia, Western Samoa,and at Niue. on 16Scptcmbcr 1966(sec also
latitude as that of the nuclear weapons test producing them. The deposition of notes 1and 2 to table 4 or1 p. 24 of NRL-F/47). intcrnal radiation doses froni
decriy of most of the fresh short-lived fission products from the tropospherc is drinking rairiwatcr coritaining radio-active fall-out from French nuclear
usually completed in a Tewweeks or months. weapons tests ;ire discussed on pagcs 13and 14of NKL-F/47.
7. Nuclear weapons tests have been carried out by France in the Pacifie 12. Thc "blow-back" fc)llowirig the 1-rcncli nuclear weapons tests of 12
Scptembcr 1960lias alrcady bccii referrcci to ahove. In adclition to the rain-out
1 See p.344,itfrn. at Apia, Western Samoa. and at Niue, on 16 Scptcnibcr 1966, increascd radio- 82 NUCLEARTESTS
REQUEST 83
activity in air was also detected at Nadi, Fiji. on 17September 1966and report-
ed on page 7 of NRL-F/21. Other "blow-back" instances from French nuclear were rcaclied during late 1964and carly 1965. They werc caused by the largc-
scale nuclear weapons tests conducted in 1961 and 1962 by the USSR and the
weapons tests in the Pacific were reported on pages 23 and 24 of NRL-FI28 USA in the northern hcniispliere and in the Pacific area, before the sigriing of
(Western Samoa, 13 and 14 July 1967). Pages 17 and 19 of NRL-FI43 report tlic Partial Test Ban Treaty. During the ycars 1966to 1968stratospheric hll-out
indications of a "blow-back" after the nuclear weapons tests of 23 and 31 May deposition levels fell steadily to a miriimum in 1968, reflecting the gradual
1970.There were also indications of a "blow-back" at Western Samoa on 14, 15 depletion of the reservoir of nuclcar dcbris in the stratosphere. French nuclcar
and 16August 1970from one or both of the French nuclear weapons tests of weapoiis tcsts in the Pacific had started iri1966and culniinated in the dctona-
3 and 7 August 1970.Similar indications were given by the r'ain collections at
Funafuti and Aitutaki during the period 10 to 17August 1970. Pages 10and 15 tion of two niegatori dcviçcs in 1968, piirtially replenishing the stratospheric
of NRL-FI47 and figures 3 and 4 on pages 33 and 34 of the same report describc rcscrvoir of nuclear dcbris. After a pause iri1969, the French series of nuclcar
and show the westward progression of troposphcric fall-out from the nuclear weapons tcsts werc resurl~edand both thc 1970 and 1971 series included the
weapons tests of both 6 and 13 June 1971, which was confirnied by tlic rain- rietonatiori of a megaton dcvicc. As ;1rcsult of these tcsts, stratospheric fall-out
levelsiiicreaseclin 1969in Ncw Zealand and NRL-FI48 shows on pagcs 18to 20
water collection at Funafuti during the period 21 to 28 June, containing fission tliripracticülly al1 the strontiuni-90 dcpositcd in New Zealand from 1968 on-
products from the test of 13June 1971. war-dsderivcd frorn the I:rcnch riuclcrir tcsts in the Pacific with only a minor
contribut ion froni the interlicriiispheric transfcr of debris from the high-yield
Stratospheric Fall-out Cliiricsc riuclcarexplosion of 27 Dccenibcr 1968. The stratospheric reservoir of
13. Stratospheric fall-out follows the injection of nuclear fission products
into the upper atmosphere and largely results from thc testing of nuclcar strontiurn-90 in the southern hcnii~plicrc froni the 1961 and 1962 tests was
weapons in the megaton range. Fine particles of radio-active debris carricd into slic>writo bc substantially dcplctcd by 1968 and debris from those earlicr tests
the stratosphere will there drift around the world for nionths or years bcfore did not sigriilicantly contributetc)thc strontiuni-90 deposited since then.
being transferred to the troposphere from where they are ultimately prccipi- 19. NKL-1-150shows irifigurc 4 on page II the New Zeriland country-widc
avcragc lcvcls of long-livcd rridionuclidcs in rain and milk sincc 1959. The
tated. countrywidc average of arinual dcposition of strontiuni-90 is given in table 3 on
14. The delayed stratospheric fall-out contains no short-lived radionuclides pagc II of tliis rcport and stiown in graph 2 appended hcreto. The samc report
since these undergo radio-active decay during their longstay in the stratosphere. gi~cs iiitable 4 on paye 16 the average lcvels of strontium-90 in rnilk, and in
There is a tendency for stratospheric fall-out to oçcur mainly in the mid- table Oon page 19thc countrywidc Ncw Zcaland avcragc levels of cacsiuni-137
latitudes of the hemisphere in which the nuclear weapons tests were conducted. iiniilk. Thcsc are showri appcndcd hercto in graplis 3and 4.
Therefore, tropical Pacific islands receive less of the stratospheric long-livcd
fall-out than countries in the temperate zone, such as New Zealand. 20. NKL-FI50 also givcs iritable 3 on page 12and in figure 5 on page 13a
/ 15. Two radionuclides in delayed stratospheric fall-out are of particular cornparisori of tlic annual depositioii of strontium-90 in New Zealand and at
interest because of their long-term effects: strontium-90and caesium-137. They stations in the northern hcniisphcrc, showing the continuing increase in New
have radio-active half-lives of about 28 and 30 years respcctively, and they both Zealarictand the grildual dccrcasc of the values in the northern hemisphere. The
sanie report also givcsin figure 7oii pagc 17a comparison of strontium-90 levcls
enter the body through food chains. irNcw Zcalaiid niilk and iriniilhiittwo nort hcrri hcniisphcre locations, showing
16. Strontium-90 is deposited along with calcium in hunian bone where the tlic gradual rcduction of the stroritiuni-90 levcls in the northcrn hcmisphcrc.
rate of turnover is very slow and'measured in terms of many years. It is a pure beconiing at timeseveri lowcr tlinri the New Zciiland levels.
beta emitter and its potential somatic hazard arises from the dose delivercd to
bone and bone marrow; its potential genetic hazard is coiisidered insignilicant.
The bone of young people, which was formed during the time of maximum
stratospheric fall-out during the last 10to 15years, contains a greatcr coricciitra-
tion of strontium-90 than that of older people whose skeletons were formed
before the large-scale nuclear weapons tcsts. The levels of strontium-90 in food

reflect both the current rate of stratospheric fall-out and also the cumulative
deposition on the ground.
17. Caesium-137 does not accumulate in a particular organ of the human
body although it does tend to concentrate to some extcnt in musclc tissue. Tts
rate of elimination from the body isestimated at a few months. Ttis a gamma as
well as a beta emitter, and the penetrating nature of the gamma radiations givc
an external dose to the whole body from deposited fall-out, as wcllas an interna1
dose from ingested material, thus making caesium-137 a potential sornatic and a
potential genetic hazard. Since caesium-137, deposited on the soil, tends to

become fixed in the soil, levels of caesium-137 in food therefore tend to reflcct
the current rate of stratospheric fall-out rather than the cumulative deposition
on the ground.
18. The highest levels of deposition of stratospheric fall-out in New Zealand84 NUCLEAR TESTS
GRAPH 1
List of Relevant Reportsof rileNew Zealaird
Natio~ralRulliatio~rLuboratory '

Quarterly Report Octobcr-Dcco~iber 1966 air(/At~tirrulSro>rt~rur y11 Etivirotr-
melltal Ra(lio-uctivity MINew Zt~alotr< aliid resrrl~of csrt~ti(kd~tiot~iiuritro gf
full-olrtfroni Fr~vrcltrri4clcurtests itrthe Puci/lc.Report No. N R L-FI23.
AnnrialSunlnrury 1967Et~i~iro~~tt~er Riiadlio-acliiliiyiti New Zeu/rirrr/iridrcsrrlls
of p.ytell<iedmonitoritlg O/'jioll-~l~jrottl Fretrclir~irclr~~ tlrJrsrsitl the Pu~i/ic.
Report No. NRL-F/28.

Annual Siininlary 1968Etir~irotit~~ctrR taaldio-activit)'itrNEIVZ~a/<itlla /tldrr.si11ts
n-, --teti(led n1otiitoritrg~f/all-u~it fiuttr Frr~trcktrisl~~ortests iti tlrc Pucific.
Report NRL-F/33.
Atmi4al Sunmiar)~ 1969 Eti~irot~t~iot~ta Rla<lio-acti~~iti~tl~ Nciv Zcal~lti~lritid
nieasi4rettioitsos sattrplrsfi0111FijiatrrlRoroto~~goR .eport N RL-F/38.

Environt~~et~ru Rludio-'ictirity itr Ncw Zr~<llutra <ill</Pucifi Arcri Aloiiitoritrg
AnrriralSirtnttrary1970.Report NRL-F/43.
Full-oirtfronl t~ircleurwcopom tests co~i(l~~cr~ hy~IFrnirceitrtlrc South Puci/ic
frot~lJutle tu Alrgrrst1971 ati(1cot>rp(rri.~ow tith prci~iorrstc.~tseritls. Report
NRL-F/47.
Et~virotin~ct~tR alu</io-(iclivitA~itrri~Rilcp01.t1971.Report N RL-F/48.

FaIl-orrtfroni irl«lr.arwclrpotlstests cot~~lr~ct~ bdy Fr(uice Ni tllt~South P<ici/ic
during Jutre atid Jirly 1972 atrdcot?~purisotiw s itb prciliorrtest series. Report
NRL-~149. GRAPH ?
Etlvirotiniet~tal adio-ociirity AtitrrralReport 1972.Report NRL-FISO.
Strontium90
deposition
in mci/km:

1

Averageair radieactivity
diiring each monitoring I I
period in pci/ml

1 See p. 344,irfiu. GRAPH .3 GRAPH 4

Strontium90 in milk
in pci Sr90/9ca
12

II

10

9

8

7

6

5

4

3

2

1