APPLICATIOFORPERMISSIONTO
INTERVENESUBMITTEBYTHE
GOVERNMENTOFFIJI APPLlCATlON TO INTERVENE
1 have the honour pursuant to Article 69 of the Rules to submit to the
International Court of Justice an Application on behalf of Fiji for permission
to intervene under the terms of Article 62 of the Statute in the case concern-
ing Nuclear Tests (New Zealarrdv.France) 1.
As indicated above the case to which this Aoolicalion for oermission to
intervene relates is the case concerning ~ucieir Tests (NA Zealand v.
France) instituted by an ADDiicationdated 9 May 1973.In that case the New
~ealand Government has-asked the Court to adjudge and declare that the
conduct by the French Government of nuclear tests in the South Pacific
region that give rise to radioactive fallout constitutes a violation of New
Zealand's rights under international law, and that these rights will beviolated
by any further such tests.
Facts relating to the programme of atmospheric nuclear weapon testing
by the French Government in the South Pacificareset out in the New Zealand
Application. References are made in particular to paragraphs 2-10 and to
paragraphs 12-23.It is not thought necessary in this Application to repeat the
more general facts set out in the New Zealand Application relating to the
programme of atmospheric nuckar weapons tests conducted by France at ils
Pacific Tests Centre. However, it is proposed to set out the facts which are
specificallyrelevant io this Application.
As a consequenceof the French programme of atmospheric nuclear weapon
testine radioactive fallout has been deoosited on Fiii territor,..includina its
waters, giving rise to measurirble con'centrations if radionuclides in food
stuiïs and in man and has ihereforc resultcd in additional radiation doses Io
persons living in Fiji.
Details of the fallout on Fiji territory resuliing from the atmospheric
nuclear weapon tests conducted by France at ils Pacific Tests Centre are
contained in the quarterly reports and annual summaries on environmental
radioactivity published by the New Zealand National Radiation Laboratory.
Data in these reports show that Fiji has had deposited on ifs territory fresh
fission ~roducts durine the oeriod within which France has conducted those
tests. These products Consthute a hazard to the health of the people of Fiji
and to their environment. For example. the quarterly report of July-Septem-
ber 1971records that the concentraGoi of fresh fission products intheair at
Nadi on the West Coast of Fiji rose to as high as 73.5 picocuries per cubic
metre on 17September 1966.The average level of fresh fission products in the
air in Fiji for the period 1966to 1971is set out in the following table.
See p.361,itfro90 NUCLEAR TESTS
Air Activity-pCilm3 Averagefor the Monitoring Period*
Pacific Islands 1966 1967 1968 1970 1971
Nadi, Fiji 11.9 0.38 0.97 0.56 0.58
Suva, Fiji 0.37 1.22 0.62 0.82
* Monitoringperiodwvers the periodduringwhichnuclear testingwnducted and
forapproximately 3 months afterwards.
** No monitoringrecorded.
Thesc reports also show that specific short-lived radionuclides were mea-
sured in Fiji. For example, in 1966the integrated concentration of iodine-13 I
in the fresh milk suo~lv in Suva. the caoital citv of Fiii. raneed un IO 15.000
- . ~ ~.~~~
picocurie-days per ictre. This level was amon; the ëighest in that year for
countries in the southern hemisphere as reported in the 1969 report for the
United Nations Scientific Committee on the Eiïects of Atomic Radiation
\--NSCEAR).
A matter of particular concern to the Government of Fiji is the possibility
of "blow back" referred to in paragraph 13of the New Zealand Application.
The high levels of fallout recorded in Fiji in 1966 are attrihuted to such an
occurrence.
Another matter of concern is the daneer caused hv radioactive deoosi.s~ ~ ~~ ~
the naturai living resources of the waters of Fiji and the surrounding seas,
especially fish, which constitute a vital source of food supply to the people of
Fiji.
Since it became an independent nation on 10 October 1970, the Govern-
ment of Fiii has taken zreat trouble to oint out to the French Government
its growing apprehensLn and concern at the conduct of these tests. The
Government of Fiji has specificaily protested to the French Government on
two occasions. On 1 June 1971a Drotest was made to the French Government
through the French ~mhassadgr in London. Again, on 20 April 1972. it
protested to the French Government cnlling for on end to its programme of
atmospheric nuclear weapon tests in the Pacific. In addition. every available
opportunity has ken taken tordise the issue in the United Nations as well as
in regional conferences and meetings of the Pacific leaders.
et ailsof these areas follows: -
1. Fiii ioined with the heads of Government from Tonaa. Western Samoa.
~ook Islands. Nauru, Australia and New Zeriland aithe first meeting of
the South Pacific Forum, held in Wellington on 7 August 1971,appealing
to the French Government to makethe then current test series the last in
the Pacific area.
2. The Fiji Permanent Representative to the United Nations, Mr. Semesa
Sikivou, made a reference protesting against the French nuclear weapon
testing in the Pacific in the course of his address in the General Debate,
26th General Assembly, of the United Nations on 4 October 1971.
3. Fiji co-sponsored with New Zealand and other States resolution 3 (1) of
the United Nations Conference on the Human Environment held at
Stockholm from 5-16 June 1972 condemning nuclear weapon tests,
especially those carried out in the atmosphere, and calling upon those -
APPLICATION TO INTERVENE 91
States intending 10carry out nuclear weapon tests to abandon their plans
to carry out such tests since they may lead to further contamination of
the environment.
4. Fiii ioined with the heads of Government of Western Samoa. Tonea and
théLook Islands and representatives of the Governments of ~iue and
the Gilbert and Ellice Islands, in a unanimous resolution of the Pacific
Island Producers Association on 14 June 1972 protesting against the
French Government's decision to proceed with further nuclear tests on
Mururoa Atoll and urging the French Government to cal1 a definitive
hall 10ils nuclear tests programme in the region.
5. Fiji was instrumental in including the condemnation of French nuclear
weapon testing in a report hy the Special Committee of the United
Nations General Assembly on the situation with regard 10 the Implemen-
tation of the Declaration on the Granting of Independence to Colonial
Countries and Peoples, on 7July 1972.
6. Fiji joined with the Governments of Tonga, Western Samoa, Cook
Islands, Nauru, Australia and New Zealand on 14September 1972 at the
conclusion of the third meeting of the South Pacific Forum expressing
their unanimous concern at the French Government's continuation of
nuclcar testing inth South Pasific.
7. Fiji CO-sponsoredwiih Australia, New Zealand and other States United
Nations General Assemhlv re~olution 2934 (XXVIII of 29 Novcmher
1972 on the "Urgent need ?or suspension of n'uclear and thermonuclear
tests',.
8. The Deoutv Prime Minister of Fiii. Ratu Sir Edward Cakohau. made
referen~cc~ndemnio~ the ~rench niilear weîpon tests inhis addres; in the
General Dehaie of the United Nations General Assembly on 10October
1972.
9. The Fiji representative, Mr. S. Nandan, delivered a statement in the
First Committee of the United Nations General Assembly on 19Novem-
ber 1972, urging the French Govemment to cal1 a definitive halt to their
atmospheric nuclear weapon tests in the Pacific.
10. Fiji joined with the heads of Government of Tonga, Western Samoa.
Cook Islands. Nauru. Australia and New Zealand on 19Aoril1973 at the
conclusion of the ~ohh Meeting of the South Pacific ~irum in urging
the French Government to bring about an immediate hall to al1testing
inthe area.
To strengthen ifs opposition to these tests the Fiji Govemment on 14June
1972imposed a ban on the landing and overflight by French mililary aircraft
and on calls hy French naval vessels which might be connected with the
tests.
Fi~ipublic opinion ha$also voiced its strong opposition to the continuation
bv France of ils lestinn oroaramme. The lears of the public have been height-
&ed hy the proximii)'of-the tests centre and a heightened awarenesi of
scientific knowledge on the possible harmful effects of the increased doses of
radioactivity 10 which the Fiii D~D~lalionis exposed as a result of these
--.
tests.
It will he evident from the facts set out ahove that Fiji is affectedby French
conduct at least as much as New Zealand and that similar legal considera-
tions affect ils position.
Moreover, because it must be assumed on the basis of pasî exper'iencethat
any future tests will give rise to radioactive fallout over Fiji territory, thus92 NUCLEAR TESTS
resulting in additional radiation doses to the entire Fiji population, Fiji has a
xa~t~c-~a~ ~o~~~- - ---.-se oroceedines.
On this basis, the ~overnment of ~Tjiseeks the permission of the Court to
intervene in the case described above in accordance with Article 62 of the
Statute.
The Government of Fiji expresses the hope that the Court will reach a
decision to permit the Government of Fiji to intervene in time for it to
appear and participate in the hearings on the provisional measures of protec-
tion requested by the Government of New Zealand.
The Government of Fiii has informed the Government of New Zealand of
its intention to intervenein this case. The Government of New Zealand has
raised no objection thereto on the understanding that the filing by Fiji of this
Application at the present time will not prejudice any arrangements that may
have been made for the expeditious hearing of the New Zealand request for
provisional measures of protection.
(Signed) D. MCLOUGHLIN,
Agent for the Government of Fiji. APPLICATION TO INTZRVENE
ANNEX TO THE APPLICATION FOR PERMISSION
TO INTERVENE
1. Aide-Mémoire Addressedro French Governnrent Throiigh the French
Ambassudor in Londoii oir 1 Jime 1971
[See No. 1 in the Annex to the Fiji Application for Permission to Interverrein the
Australia v.France case, 1,p. 1531
2. Memorai~dumAddressedro French Governmenr Tllrongh the French
Ambassador in Welli~rgtonoit 20 April 1972
[See No. 2 in the Atrnex to the Fiji Application For PermissionIOIntervene in the
Australia v.France case, 1,p. 1531
3. Extractfrom the Communiqub Issuedon 7 Aligust 1971 at the Cotrclusion of
the Firsr Meeting of the Soitth Pacific Forum
[See No. 3 in the Annex Io the Fiji Applicationfor Permission Io 111tervenein the
Australia v. France case, 1,p. 1541
4. Extract fronr Address by Fiji Permanent Representativeto the Utiited Nations,
MI-. SemesaSikivou, in the General Debate, 26th General Assenzbly,
of the United Nations on 4 October 1971
[See No. 4 in the Annex to the Fiji Applicatioii for Permissio~rto Iiitervene in the
Ausiralia v. France case, 1,p. 1541
5. Resolurion 3 (1) Adopted by the United Nations Conference on rlie Human
Environment, Stockholm, 5 ro 16 June 1972
[See Arinex 19 to the Aiistralian Requestfor tlie Indicatiotr of lnrerim Measrires
of Protection, 1, p. 1321
6. Resolurion Adopted by a Meeting of the Pacific Island Producers
Association on 14 Jitrie 1972
[See Annex IVto the New ZealandRequest forthe Indication ofInterim Measures
of Protection, p. 72,supra]
7. Extractfiom Report by the Special Commitree of the United Nations Cenerol
Assrntb/b(von theSituation iuith Resoectto rhe Imolementation of the Derlaration
or>tlre Grar~lingofIndependince 10 ~olonial Countries Gd People5
dated 7 July 1972
[See No. 6 in the Atrnex IO the Fiji Application for Permission to lntervene in the
Australia v. France case, 1,p. 155194 NUCLEAR TESTS
8. Exiract/rom rhe Con~muniqué Issuedon 14 September 1972al the Conclusion
of the Third Meeting of the South Pocific Forum
[See Annex IVro the New ZealandRequestfor rheIndicarion of lnlerim Measirres
of Protection. p. 74, supral
9. Unired Nations Ceneral Assembly Resolution 2934 A-C (XXVII) of 29
Noveniber 1972 oti the "Urgent Needfor Suspensionof Nurlear and
Therrnonuclear Tests"
[See Anirex 21 to the Aitsrralion Requestfor the Indicorion of lnrerim Meosr~res
of Proleclion, 1, p. 1391
10. Exrract /rom Addressof rhe Depury Prime Minisrer ofF!,i, Ratrr Sir Edward
Cakobau, iir rhe Cewral Debate of the United Norions General Assenrbly of
10 Ocrober 1972
[See No. 8 in the Airncx Io rhe Fgi Applicationfor Permission Io lnrervene in rhe
Australia v.France case,1, p. 1561
II. Exrracr /rom Staremerrt by the Fiji Represenlarive, Mr. S. Nandan, in the
First Conzmirreeof the Utiired Nations Ceneral Assembly on 19 Novenrber 1972
[See No. 9 in the Annex IOrhe Fiji Applicationfor Permission 10lnrervene in the
Australia v.France case,1,p. 1571
12. Extract /rom the ~omkuni~ué lssued on 19 April 1973 at the Conclusion
of theFourth Meeting of the South Pacific Forum
[See Annex IVro the New ZealandRequesrfor theIndicarion of Inrerim Measures
of Proleclion, p. 75, supral
Application for Permission to intervene submitted by the Government of Fiji