INTERNATIONCOURT OF JUSTICE
PLEADINGS,ORAL ARGUMENTS. DOCUMENTS
NUCLEAR TESTSCASES
VOLUMEI
(AUSTRALIAiFRANCE)
COUR INTERNATIONADEJUSTICE
M~MOIRES,PLAlDOlRIES ETDOCUMENTS
AFFAIRES DES ESSAIS
NUCLÉAIRES
VOLUME 1
(AUSTRALIEc.FRANCE)DOCUMENTSSUBMIITEDTOTHECOURT
APTERTHEFlLINGOFTHEMEMORTAL534 NUCLEAR TESTS
report of the Cornmittee. While the additions of radio-activity wcre greater in
the southern hemisphere, the total amounts produced by al1tests carried outup
tu the end of 1972 remain much higher in the northern hemispherel. The re-
sulting additions to the total doses are small inthe southern hcmisphere and
even smaller inthe northcrn hemisphere. However, since the population of the
northern hemisphere is much larger than that of the southern hemisphere, the
contribution to the woïld population dosc of these additionscornes mainly from
the exposureç of the population of the northern hemisphere.
5. The Cornmittee furtlier noted that in 1972and 1973the short-lived radio-
nuclide iodine-131was detected for a few wecks at a nurnber of sites in both
hemispheres. In 1973 the levels, and the corresponding thyroid doses, were
generally of the sarne magnitude as in 1972. In both years and in both herni-
spheres, the levclsand thyroid doses wereequal to or lower than thriseobserved
in the southern hemisphere in 1970 and 1971, which were referted tu in the
latest report of the Committcc.
6. Owing tathe very short period of time available to the Cornmittce for the
preparation of the special session and to the paucity of data, the Cornmittee
was unable to atternpt a broader review of informütion, but expressed the
intention of planning at its twenty-third sessioto be held in October 1974,the
continuatioii ofilswork of reviewand assessrnent of levels,effects and risks of
radiation fram al1sources.
1It might benotedhcrethat a principal contributiontthetotal amountç of stron-
tium-90and caesium-137presentin the southernhemisphere is fromtransferof mate-
rial releaseby testscarrieout in thenorthern hemisphere.GENERAL ASSEMBL YESOLUTLO 3154 (XXVILI) RELAT~NG TO THE WORK OF
UNSCEAR, 14DECEMBE 1973 '
EFEECTS OF ATQMEC RADIATION
TheGeneral Assemhiy
Recallitig its resolution 3063 (XXVIII) of9 Novembcr 1973, by which ii
requested a special report from the United Nations ScientificCornmittee on the
EReectsof Atomic Radiation, and in view of the anxieties expressed by the
representatives of various Member States concerning pollution of the environ-
ment by ionizing radiation emanating from tests of nuclear weapons,
Noring wiriappreciutionthe report submitied by the ScientificCornmilte2,
Notin~ wilh concern that there has been additional radio-active fall-out
rcsulting in additions to tlie total doses of ionizing radiation since the Scientific
Cornmittee prepared itslaskreport3,
Rcaffirming its decp apprehension concerning the harmful consequences of
nuclear weapon testsfor the acceleration of the arms race and for the health of
prcsent and future generations,
1.Dcplares environmental pollution by ionizing radiation frorn the testing
of nuclear weapons;
2. Requesfsthe United Nations ScientificCornmitiee on the Effectsof Atornic
Radiation to continue ils work, includingits CO-ordinationactivitoincrease
knowledge of the levelsand effectof atomic radiationfrom al1sources.
B
TheGeneral Assemhly,
Recallingitsresolution 913(X) of3 Deccrnber 1955,by which itestablished
the United Nütions ScientificCornmiltee on the Effects of Atomic Radiation,
and its subsequent resolutions on the subjeçt, in particular resolution 3063
(XXVIII) of 9 Novcinber 1973,
Reafirniing thedesirabllityof the ScientificCommiitee continuing its work,
Concertied about the potcntially harmful effects on present and future
generations resulting from the levels of radiatioio which man is cxposed,
Conscious of the continued need for cornpiling inrorrnation about atomic
radiation and for analysing its effects on mand his cnvironment,
Recalling that, as rccognized in General Assembly resolution 2905 (XXVII)
of 17 October 1972, the ScientificCornmitte can become an element of value
in the United Nations Environment Programme,
Expresxitzgregret thai the Scientific Committec had very little time and in-
formation available to it in preparinforitsspecial session,
See pp.387-388,supra ,nd II, p. 417.
A19349.
3 Ofiîc iacorih oftheGentru1Assembly, Twenfy-seventhSession,SupplemNo.25
(Al8725 and Corr.1). 1.Noie3 widi appreciafion the additional report submitted by the United
Nations ScientificCornmittee on the Effectsof Atornic Radiation ';
2. Commends the ScientificCommittee for the valuable contribuiions it has
made since itsinreption to wider knowledgeand understanding of the levelsand
effectsof atamic radiation;
3. Requesrs the Scientific Committee to continue its work, including its
co-ordinüting activities, to increase knowledge of thc levels and efïects of
atomic radiation from al1sources;
4. R~queststhe ScientificCommittee in particular to continue at its twenty-
third session, to be held in October 1974, to review and assess the Icvels,
effects and risksof radiation from al1 sources and to report to the General
Assembly at its twenty-ninth session; ,
5. R~qiiests the Sccretary-Gcneral to continue to provide the Scientific
Cornmittee with the assistance necessary for ihe conduct of ils work and the
dissemination of irs findings to the public.
c
The GeneralAssembly,
Recallingïtsresolution 913 (X) of 3 December 1955, bywhich it established
the United Nations Scientific Committee on the Effects of Atomic Radiation,
and its subsequent rcsolutioris,
Recogniting the valuable contribution made by theScientificCornmittee to
wider knowledgeand understanding of the IeveIsand effectsofatomic radiation;
Concerned about the potentially harmful effects on prcsent and futurc gen-
eratians resulting fromthe atomic radiation to whichman and natuwl sesources
are exposed,
Nolii~gwlfh coizcerithat nuclear weapon tests are stil1being conducted in
the atmosphere and other environments,
Coizsriousof the need for the Governments of Member States to commit
themselvesto givingthe ScientificComrnittcc the greatest possibleCO-operation
in ordcr thai its work may be more effective,
Recallfng its resolution 3063 (XXVIII) oF 9 November 1973, by which it
dccided to consider means of enhancing the cffectiveness of the Sçientlfic
Committee,
1. Dccides to incrcase the membership of the United Nations Scientific
Cornmittee on the Effects of Atomic Radiation to a maximum of 20, while
reafirming the need for the members of the Cornmittee to lx represented by
scientists;
2. Itivirethe Governments which dcsire to participate in the ScientificCom-
mittee and are able to contribute to its work to in-rm the Presideintof the
General Assernbly, through the Secretary-General, before 15 Eebruary 1974;
in the event that more than five Governments inform the 'Presidentof the
Assembly of their desircto become part of the Scientific Committee, the
selection of the new members of theCornmittee willbe decided by the President
ofthe Assembly, inconsultation with thechairmen OFthe regional groups,on the
basis of an equitable geographical distribution;
3. Urges the Scientific Committee to reqriest [rom Mernber States, as fre-t DOCUMENTS 537
qucntly as may be necessary, the detailed information which ir needsto assist
it in its work;
4. Arr~liarizestheScientificCommittcc, inresponseto a request bythe Govern-
ment of a country which is situated inan area of nuclcar arms testingor which
considers that it is exposedta atomic radiation by reason of such testing,io
appoint a group of experts fram among its mcmbers for the purpose of visiting
that country, at the latter'sexpense,and of consulting with its scientificauthori-
ties and informing the Cornmittee of the consultations;
5. Urges the specialized agencies and other United Nations bodies, and
invites the non-govcrnrnental organizatians in consultative status with the
Economic and Social Council, ta assist the Scientific Committee in its work ;
6. Requesrs the Secretary-Gcncral to provide the Scientific Cornmittee with
the administrative assistance necessary for the efficientconduci of its wark.
2202ridplciiary n~eetiiig
14 Deccmber 1973 NUCLEAR TESTS
IODIN E-13I IN AUSTRALLAN MILK SUPPLZES AND ESTIMATED
THYROID DOSES FOR YOUNG CHILDREN FOLLOWINGNUCLEAR
TESTS BY FRANCE IN POLYNESIA DURING JULY
AND AUGUST 1973
The experimental methods and anvlytical procedureernployed in obtaining
these results have been described in reports ftheAustralian fall-out moni-
toring programmes, previously provided to UNSCEAR.
Continuous monitoring of the Australian milk supplies for iodine-13was
rnaintained from 25 Julyto 23 October 1973, following the nuclear tests in
Polynesia. This monitoring revealed that iodine-13was present in the milk
supplics between 14August and 4 Septemkr.
The integrated concentrationsofiodine-131 in the milk supplies, and their
standard errors, are derived from the measured concentrations expressed in
picocuries per litre at ofmsampling. The estimatcd radiation dosto infant
thyroid assumc that the milk was consumed at the time of sampling, whwas
during factory processing. Sampling commonly precedes sale of milk to the
publicby at leasaday,but might be severaldaysafter farm production. Neithcr
the integraied concentrations, nor thc doses, iake account of decay or iodine-131
during rheseperiods.
integraîed concenrrntio. ofiodit~R$/Y::$j.f
picocurie-dcrysper litre
rniliir-d
Adelaide 120k 20 1.4
Brisbane 40 & 20 0.5
Hobart-Launceston 35 & 20 0.4
Malanda 50 4~20 0.6
Melbourne 45+ 20 O5
Rockhampton 270 30 3.1
Sydney 50-t 20 0.6
45+ 20 0.5
Australiamean
population weighted 65f 10 0-8 DOCUMENTS 539
ESTIMATED EXTERNAL GAMMA-RADLATION DOSE TO THE
WHOLE BODY FROM FALL-OUT OVERAUSTRALIA FOLLOWING
NUCLEAR TESTS BY FRANCE 1N POLYNESIA DU RING
JULY AND AUGUST 1973
The experimental meihods and analytical procedures employed in obtaining
these results have been described in reports from theAustralian famuoni-
toring programmes, previously provided to UNSÇEAR.
Following the nuclear tests in Polynesia, artificial radio-nuclides-mainly
fresh fission products-werepresent in ground-level air over Australia at low
levels af radioactivity ktween 6 and 27 August 1973,and tatextremely low
activities until early Octokr.
Continuous monitoring of fall-out depositwas maintained at 25 centres in
Australiafrom 25 July to 23 October. Throughout this pcriod, natural radio-
activity predominated in al1but a few of the daily deposits recorded. These few,
which, on the statistical evidence, can be attribuied unambiguously to fresh
fall-out, occurred between 6 and August.
The tabulated doses are upper limits no account istaken of the effecof
weathering and shielding which woulreduceexiernal doses ba factor of three
to five.
-
Exiernalradiation Externa rldiation
Centre dose in millirad Cenrre dose in mii'i'irad
Adelaidc Malanda
AliceSprings Meekatharra
Brisbane Melbourne
Broome Onslow
Ceduna Oodnadatta
Charleville Perth
Cloncurry Rockhaiiipton
Cobar Sydney
Darwin Tennant Creek
Forrest Thursdaylsland
Hobart Townsville
Kalgoorlie Wagw
Longreach
Australian population-weighmean external gamma-radiation d0.03millirad540 NUCLEAR TESTS
TheParliamentofthe CornmonwealfhofAustralia, 1973-Pflrliameniary
Paper No. 29
REPORT OF MEETING BETWEEN AUSTRALIAN AND FRENCH
SCTENTISTS, 7-9 MAY 1973,AT THE AUSTRALIAN ACADEMY OF
SCIENCE, CANBERRA
Presenr:
Auslraiian side: Sir Ruthcrford Robertson; Professor S. T. Butler; Dr. D.
MetcaIf; Professor M. J. D. White; Dr. C. H. B. Priestley (presefor two ses-
sions todiscuss meteorological questions).
Frericit sideM. le ProfesseurA. Gauvenet ; Dr. D. Mechali; M, J. M. Lavie;
M. A. P. Chaussard.
REPORTOF THE AUSTRALIAN JCIENflSTS
Section A
This seciionisidenricain thereparfsofbuth the Aits~rnliarianFrenchscFenrists
1. Dose commitments
There was general agreement that the technical rnethods used by the Aus-
tralian authorities for measuring quantities of radiation fall-out are satisfactory
and are in accordance with international practice. A lardcgree of agreement
was rcachedregarding the levelsof dose cornmitmentin Australiadue to past
French tests. The estirnates of those dose commitments in millirads are as
follows (forstrontium-90 and caesium-137, the lowes figures are preferred by
the French scientists accordingto their method of estimation; the Australian
scientists' estirnates are the higher figures):
Thyroid
Thyroid (older BIood
(youtw childven Jorrning Eone Whote
Element cliildren)and ad~tlls)celIs cells body
Iodine-131. . . . . . . 97 9 O
Short Iived . . . . . . 1.5 1.5 1.5
Strontium-90. . . . . , O O 4.0-6.2
Caesium-137 (external). 2.0-3.9 2.0-3.0 2.0-3.0
Caesium-137(interna]) . 0.9-1.3 0.9-1.3 0.9-1.3
Carbon-14. . . . . . . 0.2 0.2 0.2
Total(inround figures). 102-103 14-15 9-12 10-15 5-6
Seepp. 170,224-226,476,supra andII,pp. 364,417. DOCUMENTS 541
The estimates of the dose commitrnents due to al1tests are as foElows(the
figures were provided foc the meeting by an Australian government scientist;
the values for the French tests are the higher values from the preceding table):
--
Tltyvoid
Thyrold (nlder Blood
(youitg chilrlven forrniilgBone Wl~ole
Elemenr c~iildretiand adulfs)cells mlls body
French tests . . . . . . 103 15 12 15 6
Tests byother nations. . 74 54 83 96 52
Torolforallteçts. . . . 177 69 95 111 58
Both dclegations agree with the method which has ken used io obtain these
figures.
2. Biological effects
Therewas general agreement ktween both groups that for certain dose.levels,
radiation is known to cause damage in humans. However, there may be a
threshold below which lower levels of radiation have no effect, the action on
human beings of low doses and very low doses such as result from the tests
never having been observed. Çurrent work, for cxample on the phenornenon of
repair by living cells or damagc they have suffered at high doses of radiation,
suggests that low doses may not cause cancer or genetic defects ata rate pro-
portional to dose. Neverrheless the international authorities have prudently
accepted the hypothesis of direct proportionality in order to estabiish accepted
dose Iimits. Certain additional Factorsmay operate tcireduce significantly the
risks klow those predicted from a simpleestimation based on proportionality.
These Include the lessereffectsof certain types of radiation, radiation received
at low dose rates, or over extcnded rather than brief time periods.
Section B
This section isIhesole responsîbiliiof fIheAusiraîiaizsciei?lisfs
The Australian sçientists stressed that, despite the uncertainties outlined in
the above discussionof biological effects,the onIy prudent course in attempting
to nssesç the overall risk to the Australian population was to assurnt direct
proportionality of al1biological etrects to radiation dosage. This is the public
health position taken by the United Nations ScientificCornmittee on the Effects
of Atomic Radiation and by other recognized authorities. The Australian
population is large enough that even very small lincar estimates of risk, in the
region of the radiation doses due to the French tests, yield finite estirnateof
deaths due to cancerand geneticabnormalities. The Australian scientistsbelieve
that it is necessary to accept such estimates as realistic and not to take into
account notions of a hypothetical threshold dose bclow which damage would
not occur. Assuming a linear relationship between dose received and using
maximum published figures for radiation risks, ithas ken calculated that, as
a result ofpast French atomic tests, a final total of 26 cases of thyroid cancer
and 14 cases of leukacrnia and other cancers could result in the Australian542 NUCLEAR TESTS
population. The Australian scientists present believe that, as a resuIt of the
French tests that have already occurrcd, there could be approximatcly one
death or scrious disability in Australia from genetic causes during the first
generation and 18 deaths in all subsequent generations; these are minimum
cstimates, and maximumestimatesbased on present information (seetheReport
of the Advisory Committee on the biological effects of ionizing radiation, US
National Academy of Sciences, Novernber 1972)would be approxirnately 15
timcs these figures.
The above figures are based on the dose commitment estirnates from the
French tests given inthe tables in Section A. Itshould be noted zhat the report
of the Academy of Science Cornmittee estirnated the steady radiation effccrs
to Australia [rom French tests in the Pacific, assurningcontinued testing at the
French site on a pattern similar tothat of the past seven years, and the harm
commitmcnts given in the report must be intcrpreted in this light. The dose
commitments for the seven years of French testing in the Pacific are included
in the report. Together with the risk factors used in the report, these commit-
ments permit a direct compulation of theharm commitments to the Australian
population from the past tests.
The Australian scientists drew attention to the additional harmful efïects
which would accrue tu the Australian population as a result of the improbable
event in which the explosion of a high-powered bomb was cornbined with quite
exceptional meteorological conditions giving a high faIl-out aver Austraiia
(Appendix-Academy Report).
Althoiigh thc levelsof radiation duc to the French tests are unlikely to cause
a statisrically detectable increase in the frcquency of cancer or genetic ab-
norrnalities in Australia,itis ernphasized that there should bc no unwarranted
exposurc to radiation. Furiher, with the long-lived isotopes praduced as the
resuIr of nuclear explosions, the genetic effeecton the Australian population,
tlîough srnaII,are cumulative.
REPORT OF THE FRENCH SCIENTISTS
Section A
This seclion isi~lenficniwirl~SecrionA Ni IIICA uslrnlianreport
Section B
Tltlsscclion is fhcsoleresponsibililyofrhe French scicntistsl
1. Biological Tnterpretation
The risk calculatcd frnrnobservations made following high doses of radiation
and without taking into account thc various considerations describeci above
therefore reprcsents the upper limit of risk and not the actual risk. The actual
risk rnay be considerably lower, itrnay be ni].
Moreover the French expertsconsider that the values for the upper lirnitsput
forward in the Australian documents are greatly ovcrestimated for cancer
(particularly for cancer of the thyroid}and leukaemia and that,even takiny the
hypothcsis of a proport ional relation without a threshold, it would nevertheless
1 This istheAustralian translatiooftheFrench scientistsreport. DOCUMENTS 543
benecessaryto takcinto account the fact that itisa question ofradiaiion spread
over a verylong period OS time. So faras geneticeffectsare concerned the values
put Forward follow from those given in the latest report of the UN Scientific
Cornmittee on the effects of radiation. These values reprcsent the upper Iiniit
of risk.
The significanceof the annual dose cornmitments resulting£romthe tests can
bekttcr appreciated, and in a more simple manner, by cornparing them on the
one hand with natural radiation and with its regional and local variations, and
on the other hand, wiih the annual doses limits recommended by the Inter-
national Commission for RadioIogical Protection of rnembers of the public
bascd on the hypothcsis of permanent exposure.
The annual dose camrnitments resulting from the French tests and which,
moreover, for the part which can be ascribed to long-lived products will be
spread over many years,are about 15 millirads for the thyroid and of the ordcr
of 1millirad or severalmillirads in al1other cases.They art very much lessthan
natural radiation and its variations;in fact, on an average this is 100millirads
per year and frcquently is more than double that figure; the local variations are
noteworthy because they sometimcs Varywithin the same city by 1 or several
dozens of millirads and that could be the case in certain large Australian citics.
The annual dose curnmitments resulting from the tests are only aboutone thou-
sandth to several thousands of the limits of annual doses recommended by thc
International Commission for KadiologicalProtection of mernbersof the public.
2. Temporary unusual occurrences in thc atmosphere
Thc two groups examincd the problem posed by the existence of temporary
unusual occurrencesin the behaviour of theatmospherewhich, asthe Australiün
Academy of Sciencereport indicates, could cause, for a given test, over a lirnited
region, fall-out highcr than thai observed sirnultaneously in the surrounding
areas,
For this effect to happen, the occurrence of these atmospheric peculiarities,
which are moreover rare, must coincidc with the simultaneous presence, in very
exüçt locations, of radioactive cloud.
The French group presented the rcsults of studies on experiments on this
complex problcni carried out in France; certain of these resulrs have becn
publishcd by the French Acndcmy of Science.
The French experts judge ihat bccause of the relative geographic position of
Australia and the test zone as well as the meteordogical constraints imposed
on those cunducting theexperimcnts, it is highly improbable, if not impossible,
that tliis effectcould lead to a noticeable increase in fall-out over the Australian
continent.
Moreover, this phenomenon has not been observed in Australia during
previous testsAs for the rare cascs observed in the northcrn hemisphere, onlya
low incrcase(of the order of a fcwper cent.) in dose commitments has resulted,
becüuse of the iemporary and local character of the increase in radioactivity.
3. Conclusions
The levelof dose commitments resulting from the French tests in the Pacific,
their cornparison on thc one hand with the naturül radiation levelsto whiçh man
is permanenily exposed and on the other hand with the dose lirnits established
with the greatest prudence by competent international organisations, show that
the fall-out as a result of thestcstscan in no way constitute a danger to the
health of populations.544 WUCLEARTESTS
The French experts feel thaton certainpoints,notably on the effectsof
unusuaI meteorological occurrences, further exchanges of views based on
existingdocurnentat ion,could enable a better appreciationof the respective
positions of thtwo groups. DOCUMENTS
NOTE OF 22 JULY 1973 FROM THE AUSTRALIA PNRIME MIN~STE RND MINISTER
OF FOREIGA NFFAIR SO THE FRENCH FOREIG N INIJTER~
1have the honour to communicate with you once again on the subjeçt of the
carrying out of atmospheric nuclear weapons testby the French Covernmcnt
in the South Pacific.
The regrettable occasion ihat makes thiscommunication necessary is known
to you. Ttis the action of the French Government incarrying out a further
atmospheric nuclear weapon test in the South Pacifiç Ocean on 22 July
1973.
May I recall that over the last decadc the Australian Government has been
at pains to convey its apprehension and concern at the conduct of these tests
and ihat as early as April 196iconveyed to the French Government its deep
rçgret at the decision which thc French Government n'asthen on the point
of taking, namely, to move its nuçlear testing to the Pacific area. In its Note
of 3 January 1973, the Australian Government after referring to its repeated
protests, indicated explicitly that, in ils view, the Erench tests werecontrary to
international law and that unless the French Government could give full
assurances that no further test would be carried out it would have to pursue
appropriate international legalremedies.
You will beawarethat the Australian Govcrnment rcadily accepted the pro-
posa] made by the French Government, following on its rcceipt of the Austra-
lian Note of 3 January 1973,that there should be discussions between the two
Covernments about the dispute that unfortunately exists between us. The
Attorney-Gencral of Australia visitPadris on behalf ofthe Australian Govern-
ment to discuss the dispute with members of the French Government on1g, 19
and 20 April last. Follewing thiç, a meeting between Ausiralian and French
scientificexperts took placinAustralia on 7to 9 May. However, it was clear,
in the light of the stated positiof the French Government thüt the efforts
to rcacha settlement of thc dispuby discussion had not succeeded and would
not succeed.
It was in thesecircumstances that theAustralian Government felt constrained
to inslitute proceedings in the Intcrnaiional Court of Justiceplace kfore
thaa tribunal the issue of the Iegalityof the carrying out of atmospheric nuclear
weapons tcstsasconducted by the French in the South Pacific.
This action was in full accord with Article 33 of the Charter of the United
Nations; judicial settlement ia recognized and highly desirable method of
ensuring the pcaceful settlement af disputes between States.
On 22June 1473,the InternationalCourt of Justice disposed of the first stage
of proceedings in the case.
The Court having satisfied itself after carefulconsideration ihat it was çom-
petent to hand down an order for provisional mcasures of protection, it made
the fullowing order:
"The Governments of Australia and France should each ofthem ensure
that no action of any kindistaken which might aggravate or extend the
dispute submitted tathe Court or prejudice the rights of the otpartyin
respect of the carrying out of whatever decision the Court may render in546 NUCLEAR TESTS
the case and, in particular, the French Government should avoid nuclear
testscausing the deposit of radio-active fall-outon Austvdlianterritory."
The atmospheric nuclear weapon test explosion çarried out by the French
Governmenl on 22 July will cause widcspread radia-active fall-out.
Thcre is a virtual certainty that this will include the deposit of radio-active
fall-outon Australian territory. The anly reasonable conclusion that Is open
is that the French Government has decidcd to act in open disregard of the
Order of the Intçrnaiional Court of Justice.
In doing sa, it is acting consistently with statcrnents by the Frcnch Govern-
ment to the eflcct that it proposes to disregard completely the Order of the
Court. The Australian Government must protest in the strongest terms at this
disregard of an Order of the International Court of Justice. France ia party to
theCharter oftheUnited Nationsofwhich thestatute oftheInternational Court
of Justice is an integral parThc indifierence of the French Gavernrnent to its
international legal responsibilities asgr,aveblowto the rule of law and to the
cause of the peaceful settlement of disputes between nations. The Australian
Government is greatly disappointcd that this action should have been takcn by
the government of a nation which has traditionally been regarded as one of the
great supporters of the cause of international peace'and order. It is&side the
point to assert, as the French Governrnent has done in seeking to justify its
position, that it considers that the Court lacks campetence. It is beyond dispute
that the Court has the jurisdiction to determine its own competencc; ithas, as
dcscribedsuccinctlyin the French Ianguagc,the"compéiencede lacompétence".
The Australian Government must insist that the French Govesnment cease
al1further tests which arc in contravention of thc Order of the Court. DOCUMENTS
The Australian Embassy presents its compliments to the Ministry of Foreign
Affairsand has the honour to refer to the proceedings comrnenced by the Aus-
tralian Goverliment against the Government of France in the lnternational
Court of Justice on 9 May 1973 in coniiection with French nuclear weapan tests
in the Pacifiç Occan.
On 22 June 1973the Intcrnationül Court of Justice tnade.an Order indicating
the following provisional measures :
"The Covernrncnts of Australia and France should each of them cnsure
that no action of any kind is taken whiçh might aggravate or exterid the
dispute subrnitied to the Court or prejudiceflicrights of the other party in
respect of the carrying out of whatever decision the Court may render in
the case,and, in particular, the French Government should avoid nuçlear
tests causing ihe deposit of radio-active FiIl-out on Aiistraliaii territory."
On 22 and 29 luly and 19 August 1973 the French Governmcnt exploded
nuclear devices in tlîc atmosphere uver Mururoa Atoll. Radio-active fall-out
positivcly identified as rcsulring from thoseexplosions has been dcposited on
Australiaii territory.
The attached statement summarizeç tlienieasurements of fall-ou[ in Australia
up to 23 Augusi 1973.Schcdulescontainiiig details of mcasuremcnis of fall-out
recorded by the Australian monitoring systeni arc being prepared and wilt be
conveyed to thc Ministry by the Embassy as soon as they are available.
The Ausiraliüti Embassy draws lhese facts to the attention of the Ministry of
France and points out that the action of the Government of France constitutes
a clear breach of the prohibition by the Court of "nuclear testscausing the
deposit of radio-activc fali-out on Australian territory".
The Government of Australia protests vigorously agüinst tliis deliberaie
breacli of thc obligations created by ihe Order of the Court, and calls for an
assurance from the Governinent of France that no further lireachcsof the Order
of the Court will iakç place.
Thc Ernbassy iakes ihis opportunily of renewing Lo the Ministry ihc as-
surances of its higlicst cot~sideration". Theprog'r~n~t?~ esri~otlitorfrcshj~.rioil pi.odlt~f.sit~frrcaching Australia
arc essentially the same as those cunducted in previous years:
The 26 station network cquipped for SPIEFS monitoring commenced
operation on 25July 1973:
Daily sampling of the nine major inilk supplies, for iodine-131determination,
started on 25 July 1473:
Air sampliiig üt six centres, for detcction of specific short-lived fission
products, has been in opcraiion for several moriths.
Theairfilfcu~oriiyt~.from Perth, AdeIaide, Lavertan (Melbourrie), Richmond
(Sydney) and Arnbcrley (Brisbane), for the pcriod 6-9 August, al1 contained
fresh fission products: only thc Towtisville sampleshowed no cvidence of fresh
material for this period. .
Final rcsults for the subsequent sümpling periods, 9-13 August and 13-16
August, confirmed the prcsence of frçsh fall-out at al1six centres. Thc level of
activity of Iiesh fission products In the Perth air saniple for 8-13 August is the
highest recorded so far in the current monitoring.
Full analysis of the data in the Laverton samplc for 6-9 August gave the
first positivc identification of the fresh rnaterial with thc explosions in Poly- -
nesia. This was supporied by the data for the other four centres for that period
and it is naw confirined by the results for subscquent sampling periods.
The resli/ffroiri!lieSPlEFS nzoiriloi.iimeasure total Beta-activity in daily
hll-out deposits.
The meaçured fall-out deposirs show several values higher than those
rccorded heforc fresh rnaterial was deiected in the air riltcr samples. These are
taken to be frcsh fall-out and the most notable are Perth on 12 August: 0.92
nanocurics of Bcta-activity per square rnctre (NCIIMZ), and Adelaiclc on 13
August: 9.66 NCIIM2. Earlicr resulis from Brisbane and Sydney probably rep-
resenting fresh fall-out have ken recorded and thcre arc SQmCothers of corn-
parablc magnitude, for Melbourne, Townsville and Wagga.
Tite vcsrrltfroni 111esiriveya/' iodine-131 in niiik siipplits aretabulated as
mcasured conccntrations of iudine-131 in the rniIk supplies.
As indicated by the resulrs up Io 21 August, the Perth milksupply rernains
contaminaied wirh iodinc-131 at very low concentration. As regards other milk
supplies, resultsto date reveal no contamination at measutable concentrations
of iodine-13 1. DOCUMENTS 549
NOTE OF 26SEPTEMRE1 R873 FROM AUSTRALIA EMBASSY P, RIS,O FRENCH
MINISTR OYFOREIG N FFAIRS
The Australian Embassy presents its compliments to the Ministry of Foreign
Affairsand has the honour to rekr ta the Embassy'sNote of 24August 1973
conccrning the detection on Australian territory of radio-active fall-out which
had been pasitively identified as ringfrom the explosion of nuclear devices
in ihe atmosphere over Mururoa Atoll by the French Government.
In that Note, the Australian Government protesteci against action which
violatedAustralian sovereignty, and which constituted a cIear breach of the
obligations created by the Ordet of the [nternational Couof Justice of 22
June 1973in thc prriccedingscornmencedby the AustraEianGovernment against
the Govcrrimcnt of France on 9 May 1973 in connection with French nuclear
wcapons tcsts in the Pacific Ocean. In the same Note the Australian Govern-
rncnt also rcqucstcd an assurance from the Government of France that no
furtherbreaches ofthe Order of the Court would take.place. To date no reply
has been receivedfrom the French Government.
Thc Australian Govcrnmcnt Ilasreason to believethat, subsequlotits Note
abovementioned, the Governmcnt of France exploded nuclear devices in the
atmosphere over Mururoa Atoll on 24 and 29 August. Thc Governn~ent of
Australia protests againçt theseadditional nuclear explosionsin the atmospherc.
TheAustralian Government has noted the withdrawaby the French Govcrn-
ment of the notice oa danger zone in part of French Polynesia as from 15
Septernber 1973, but the Australian Covernment would be graterul for an
assurance that the currcnt scrics of teinsFrench Polynesia ha3 ended and
repeats its request that no furthcr brcach of theofthe International Court
will take placc.
Thc Australian Ernbassy takes this oppostunity ta retowthe Ministry of
Foreign Anairs the assurance5 of its highest consideration.
II, p.423. NUCLEAR TESTS
Ambassade de France
en Australie
No 61
L'am bassade de France présentc ses complinîents au ministkre des affaires
etrangèreset a I'konneur deseréfércràla conversation qu'a cue M. Yan Laethem
avec M. Border, le 10juin 1974, i propos du com~nuniquk publie h,Paris le
8 juin par la Présidence de la Républiquc relatif a la remise en vigueur des
mesures de sCcuritk de la zone d'cxperimcntütion nuclkaire du Pacifique sud.
Le ministère des affaires étrangères voudra bien trouver ci-joint le texte de
ce communiqué.
L'ambassade de France saisit cette occasion pour renouveler au niinistèrc
des üffaircsétrangèresles assurances de sa haute considération.
Comniuniqu& priblià Paris l8 jrdi1974 par iuPr.ksirkricerielaREpliblique
Le Journal ilficieldu 8 juin 1974 publie l'arrêtéremettant cn vigueur les
mesures de sécurité de la zone d'expérimentation nucléaire du Pücihquç Sud.
La Présidence de la Républiquc prkcise, àccttc occasion, qu'au point ou en
est parvenue l'exécutiondc son progranime de défense en moyens nucléaires la
France sera en mesure dc passer au stade des tirs souterrains aussitôt que la
série d'expériencesprévucspour cet Ctc seraachevée.
Limités au minimum qu'impose le programme de mise au point de notre
force dc dissuasion, les essais atinosphériques auxquels il seraprocédé cetle
annCe seront, bien entcndu, mcnCscomme prCcCdcminent, dans des conditions
de totale sécurité.Lcur iniiocuité aeté confirmée par les rapports du ÇomilC
scientifiquedes Nations Unies dont lesconclusionssont régulièrement publiées.
Voir p. 389, 49srip etII, p. 423. DOCUMENTS
STATEMEN BT THE PRIME MINISTER OF AUSTRALIA AFTER
FRENCH NUCLEAR WEAPON TSEST ,7 JUNE19741
The Prime Minister, Mr. Whitlam, said today that the Australian Government
had reason to believe that the French Covernrnent had exploded a nuclear
weapon device in the atmosphere ovcr Mururoa Atoll today 17June.
The Prime Minister said that it was a mattcr of deep concern to the Aus-
tralian Government that the French Gavernment had proceeded to yer another
programme of nuclcar tcsting in the Pacihc, which was likcly to leadto the
deposit ofradio-activc fall-out within Australian territoThe feelingsof the
AustraIian Government and peoplc against these tests had been rnadc known
in the past in the clearest way. Nothing had çhanged the Australian attitude:
since last year.
The Prime Minister said:
"The Tact that this further test kas been held is al1 the more regrcttüble
because a new French Government is now in office, and because 1 have
sent a message tothenew French Presidcnt expressing the sincere desirc to
dcvelop relations between Our two Governments and peoples. Thcse
relations have been regrettablyaiTectedduring recent years by the dispute
over nuclear testing in thc Pacific,which we had not sought but whhad
becorne inevitable when our rcpeated protests were consistently ignored."
The Australian Governrnent had noted the French Government's statements
expressing an intention tceüsc atmospheric testii?gafter the present series was
completed. As Senator Willeseehad pointed oui, these statements were a step
in the right direction, but the French Government had not given the Australian
Government any satisfactory cornmitment that further atrnospheric tests would
not be held. The ncw French Government could not clairn to be in ignorance
of the strong feelings of the Australian peopthat there shouldbe no at mas-
pheric test in the Pacific, or indecd anywhere.
The Prime Ministcr recalled that on 22 June 1973thc International Court of
Justicehad made an Order granting toAustraliainterim rneasures of protection
whichrequired France to refrain from conducting any further tests which might
lead to the deposit of radio-active fall-out on Australian soil.
This Order of the Court had ben ignored by France in 1473and was now
being ignored again. Mr. Whitlam said that he had hoped that the French
Govcrnmcnt would abide by this order and be prepared to CO-operatein having
this continuing dispute resolved in a responsible manner by the International
Court in accordance with international law. Thihad not proved to be the case,
but the Prime Ministerrcaffirrned that, for its part, Australia would continue to
seek rcsolution of the disputby the Court, and work vigorously elçewhere for
a cornplete cessation of nuclear weapons testing.
1See p.390, supraandII. p.423.552 NUCLWR TESTS
The Department of Foreign Plffairspresents its compliments to the Embassy
ofFraiice and has the honour to refer to the Note of the AusttaYianEmbassy in
Paris of 26Scptcinbcr 1473conccrning thetestingby Franceof nuclear weapons.
The Australian Goveriiment wishes to refcr alsto the statement of the Prime
Minister OFAustralia, Mr. E. Ci.Whitlam (issucd in Canberra on 17lune 19741,
that the Australian Government had resson to belicvethüt the French Covern-
ment had exploded a nuclear weapon device in tlieatmosphere over Mururoa
AtoHon 17June 1974.
The Australian Government vicws with serious concern the aimospheric
testing of nuclear weapons in brcach of inttrnational law and the hazards
created through pollution of the cnvironmeiit by radio-active fall-out. The
Australian Government wishes to convey its protest to the Government of
France concerning ihiscommencement by France af a further programme of
nuclear tests in the Pacifarea.
The Australian Government also reFers tn the Order granted to it on 22 June
1973in its proccedings against France inthe International Court ofJustice and
protests at this further disregaby the Governmcnt of France of this Qrderof
the Iniernational Court of Justicc.
The Department of Foreign Amairsavails itselfof this opportunity to renew
ro the Embasçyof France the assurances of its highest consideration.
1 II, p.423. DOCUMENTS
MEMORANUU UF THE SECRETARY-GENEKA OF THE UNITEUNATIONS TO THE
PERMANEN RTEPRESENTAT OFVEUSTKALI TO THE
UNITED NATIONS ,2JUNE 1974'
The Secretary-Generül presents his compliments to the Permanent Represen-
tative of Australiaito the United Nations and has the honour to refer to circular
letters C.N.3.1974.TREATIES-1, of 6 Febriiary 1974, and C.N.42.1974.
TREATIES-2, of 1 April 1974,c~ncerningrespectivelya notification by France
and the denunciation by the United Kingdom of Great firitain and Northern
lreland in respect of thc General Act on the pacifiçscttlement of international
disputes done alGeneva on 26 Septernber 1928.
In thisconnexion, and in accordance with thereguestmade by the Permanent
Mission, tlie Secretary-Gcneral wishesto conrirm that the following actions
have been or will be takcn by the Secrctariat regarding the above-mentioned
notification and denunciation:
(1) The circular letters referlodin the first paragraph of this note sentIo
al1 States Members of thc United Nations and to non-member States. A
copy for information was also sent to the Registrar of the Enternational
Court ofJ usiice. Copieof the pertinent distribution listsare attached here-
with for the Permanent Representative'sinformation2.
(2) lnasmuch as the notitication and denunciation concerned affect multi-
lateral treatics placed under the custody of the Secretary-Ceneral by virtue
of General Assernblyresolution 24 (1) o12 February 1946, they have been
registered by the Secrelariat under article 2 (oF the General Assembly
Regulations io giveeffect io Article 102of the Charler, on 10January 1974
(notificatioby Erancc), and 8 February 1974(dcnunciation by the Unitcd
Kingdom). The following entrics will appear in theStatements of treaties
and internationa1 agreements rcgistered or Filed and recorded with the
Secretariat during the monthsof January and February 1974,respectivcly :
"No. 2123. PücificSettlemcnt of International Disputes.
Gcneral Act. Done al Geneva on 26 September 1928
Notification
Rcceive(ion:
10 January 1974
France
Rcgisfercdby rh~ Secrefut-iuon 10 Jnrittci1974."
- "No. 2125. Pacific Settlerncnt of International Disputes.
General Act. Done at Gcneva on 26 September 1928
Denunciation
NoliJicafiorcceiv~d an:
8 February 1974
United Kingdom of Great Britain and N~rthern TreEand
(To take effecton 16 August 1974.)
Registtrcdby /izeS~crctarinror8 February 1974.
1 Seep. 424, supm andII,p.423.
Not repruduccd.554 NUCLEAR TESTS
It should be noted, however, that owing to a considerable increase in the
activities of the United Nations TreaiySection over the last two-year period the
January 1974 and February 1974 statements of freaties registeredare not ex-
pected to lxissued beforefour or fivemonths from now.
(3) The above entries will also be published in the pertinent United Nations
Trmiy Series volume, aIong with the compleie texts of the corresponding
notifications made by France and theUnited Kingdom.
(4) The notification and denuncialion in question will alsbe mentioned in the
publication Mubilateroi ireaties iirespecf O/ wliicli'ihe Secretary-General
perfornis rl~positaryfuizc~iotis-Lisl of si;Sïiatures,rarificatioiis, accrssioiis,
etc., as o~3/ Deceniber 197to bcissuedaround April 1975.
Finally, it maybeadded that any declaration or objection from a government
participating in the GeneralAct af1928 could also be registered, or published
in the United Nations Treuty Series, as appropriate.
It ishopedthat the above information satisfiesthe Permanent Rcpresentative's
query. DOCUMENTS
PACIFSC SETTLEMENT OF INTERNATIONAL DISPUTES,
GENERAL ACT, GENEYA, 26 SEPTEMBER 1928
NOTIFICATION BY FRANCE l
I have the honour, upon instructions from thc Secretary-Ceneral, to inform
you that, on 10Januacy 1474the Secretary-General received a letter from the
Minister for Foreign Affairs of France stating the following:
jT~aiislatiunj Inacase dealt with by rhe fnternational Court of Justice,
the Government of the French Republic noted that itwas contcnded that
the 1928 General Act for the PacificSettlement of International Disputes
could, in the present circumstances, justify the exercise of jurisdiction by
the Court.
On that occasion the French Government specified the reasons why it
considcred ihat view to beunfounded.
Whilcreafirming that position, and, accordingly, without prejudice ta it,
the French Government requests you, with a view to avoiding any new
controversy, to take cognizance of the fact that, with respcct to any State
or any institution that might contcnd that the General Act is still in force,
the present letter constitutes denunciation of thaAct incanformity with
Article 45 thereof.
Article 45 of the General Act provides as follows:
"!. The present General Act shall be concluded for a period of five
years, dating from its entry into force.
2. It shall remain in force for further successiveperiods of five years in
the caseof Contraciing Parties which do not denounce it at leastsix months
bcfore the expiration of the current period.
3. Denunciation shall beekted by a written notification addressed to
the Secretary-General of the League of Nations, who shall inform ail the
Members of theLeagueand the non-inernber States referredtoin Article 43.
4. A denunciation may be partial only, or may consist in notification or
reservations not previously made.
5. Notwithstanding denunciation by one of the Contracting Parties
concerned in a dispute, al1 proceedings pending at the expiration of the
current period of the Generül Act shall be duly complcted."
In this connexion it will berccalled that the General Act isone of the inter-
national instruments concluded under the auspices of the League of Nations,
for which the United Nations, under tesolution 24 (1) of 12 February 1946 kas
accepted the custody and in respect of which the Secrelariat has bcen charged
with the task of perrorming the functions pertaining to a Secrelariat, formcrly
entrusted to the League of Nations.
Accept, Sir, the assurances of my highest consideration.
(S(giier1Erik SUK,
The Legal Counsel.
1Sce pp. 388,393 s,upraand II,p. 423.556 NUCLEARTESTS
TELEM X ESSAG RECEIVE OND2 1DECEMBE 1973 BY THEAUSTRACIAN
DEPARTME N TPRPMAR IYDUSTR ROM WALES KERVILL i^.
LTD.,AGENTS FOR PORT LINCOLNTUNA PROCESSO PTS.LTD.'
We are negotiafing sales of frozen tuna to various markets. Several des-
tinations, particularly EEÇ countries, are callingfor-
Non-radioactivity certificates,
Mercury analysis certificatesshowing product unppm.0.7
It is ncleawheiher they expect thesecertificatesto beofficia1Government
certificates, or whether certificatesby privatc laboratories would sufice.
1sthere any provision for these ofcertificatosbeissuedby DPI, or
any manner inwhich private certificates resulting from propcr analyses can be
endorsedromake them more official.
Would appreciate your commentson this today if possiasewe are in
middle of negotiations.
II, p. 426. DOCUMENTS
LETTED KATED 5 EEBRUAR Y974FRQM PORT LINCOLT NUNAPROCESSOP RTSY.
LTD. TO THEAUSTRALIA DEPARTMEN OT PRIMARY I'NDUSTRY
Port Lincoln Tuna Processors Pty. Ltd.
Exportersof Frozen Seafoods
Mr. E. A.Purncll-Webb,
The Assistant Secretary,
Industry No. 5 (Eisheries) Division,
Department of Primary Industry,
CANBERRA, A.Ç.T. 2605
Dear Sir,
Exporf offrozenSouthern BiuefîTutzato Itah
You will appreciate the difficultyin complying witli the requiofmthes
Iialian Government concerning the import OFthe above commodity.
Inter alia these cal: for
(1) Certifcate of analysis of a laboratory authorized and authentbyated
official authorities showing that the mercury contcnt isexceeding
0.7 milligramsperkilo. Such certificateof analysis beincorporated
in the sanitary certificate (certificate of conditionrnustclearly
state that the analysis has been effected by means of spectsophotorneter
atomic absorption,
and,
(2) Certificaie of non-radioactivity issuadlaboratocy authenticateby
oficial authorities.
Would you please be good enough io giaeclear Instruction to your Depart-
mert in Adelaide in connection withcse requiremcnts. We anticipale that a
ship~nentwillleaveearly next week and w~uldtherefore appreciate your urgent
attciition.
(Si~ned)M. RAPP,
Managing Director.
Documents submitted to the Court after the filing of the Memorial