RCHI
JUSTICE
Intercour,heHague.
Telefax(070-36
Communiqué
uaofficial
for inmediatereleaoe
No. 95/22
21 August 1995
NwZ ealand submlts to the Court a West for
a Examinatzon of the S~tuatlon ln accordance with
&63ent in the
Nuclear Tests Case (New Zeaiad v. France)
Provisional Measures Reauested
Today, 21 August 1995, New Zealand submitted to the Court a Request
for an Examination of the Situation "arising out of a proposed action
announced by France which will, if carried out, affect the basis of the
Judgment rendered by the Court on 20 December 1974 in the Nuclear Tes-
Case (New Zeala v. Franm". The request refers to a media statement
of 13 June 1995 by President Chirac "which said that France would conduct
a final series of eight nuclear weapons tests in the South Pacific
starting in September 1995". New Zealand States that the request is made
"under the right granted to New Zealand in paragraph 63 of the Judgment
of 20 December 1974."
paragraph 63 reads as follows:
"Once the Court has found that a State has entered into a
commitment concerning its future conduct it is not the Court's
function to contemplate that it will not comply with it.
However, the Court observes that if the basis of this Judgment
were to be affected, the Applicant could request an examination
of the situation in accordance with the provisions of the
Statute; the denunciation by France, by letter dated
2 January 1974, of the General Act for the Pacific Settlement of
International Disputes, which is relied on as a basis of
jurisdiction in the present case, cannot constitute by itself an
obstacle to the presentation of such a request."
New Zealand asserts that the rights for which it seeks protection
"al1 fa11 within the scope of the rights invoked by New Zealand in
paragraph 28 of the 1973 Application" in the above mentioned case, but
that at the present time "New Zealand seeks recognition only of those
rights that would be adversely affected by entry into the marine
environment of radioactive material in consequence of the further tests
to be carried out at Mururoa or Fangataufa Atolls, and of its entitlement
to the protection and benefit of a properly conducted Environmental
Impact Assessment". New Zealand asks the Court to adjudge and declare: "(i) that the conduct of the proposed nuclear tests will
constitute a violation of the rights under internationallaw of
New Zealand, as well as of other States; further or in the
alternative;
(ii) that it is unlawful for France to conduct such nuclear
tests before it has undertaken an EnvironmentalImpact
Assessment according to accepted internationalstandards.
Unless such an assessment establishesthat the tests will not
give rise, directly or indirectly,to radioactive contamination
of the marine environment the rights under international lawof
New Zealand, as well as the rights of other States, will be
violated."
Also today New Zealand, referring to the Court's Order of
22 June 1973 indicating interim measures of protection andto the Court's
Judgment of 20 December 1974 in the above mentioned case, requested the
Court, in accordance with Article 33, paragraph 1, of the General Act for
the Pacific Settlement of Disputes, 1928 and Article 41 of the Statute of
the Court, to indicate the following further provisionalmeasures:
"(1) that France refrain £rom conducting any further nuclear
tests at Mururoa and Fangataufa Atolls;
(2) that France undertakean environmentalimpact assessment of
the proposed nuclear tests accordingto accepted international
standards and that, unless the assessment establishes that the
tests will not give rise to radioactive contaminationof the
marine environment, Francerefrain from conducting thetests;
(3) that France and New Zealand ensure that no action of any
kind is taken which might aggravate or extend the dispute
submitted to the Court or prejudicethe rights of the other
Party in respect of the carrying out of whatever decisions the
Court may give in this case."
Request for an Examination of the Situation in Accordance with Paragraph 63 of the Court's Judgment of 20 December 1974 in the Nuclear Tests (New Zealand v. France) Case - Provisional Measures Requested