Suchergebnisse

1Environment — Marine environment — Alleged radioactive contamination arising from French underground nuclear weapons tests in South Pacific — Request to International Court of Justice by New Zealand to resume proceedings begun in 1973 challenging legality of France's nuclear tests — Court's ruling in 1974 that object of dispute had disappeared because of France's undertaking in 1974 to cease atmospheric tests — Assumption in 1974 that no risk of contamination from underground testing — Whether earlier proceedings and judgment limited to atmospheric nuclear testing or concerning all radioactive contamination caused by whatever means of testing — Developments in scientific knowledge and international environmental law since 1974 — Precautionary principle — Environmental impact assessment — Convention for the Protection of the Natural Resources and Environment of the South Pacific Region, 1986 — Whether relevant considerations for Court in determining whether New Zealand has established continuity of proceedingsInternational Court of Justice — Procedure — Application by State to reopen earlier proceedings — Paragraph 63 of 1974 Judgment in Nuclear Tests (New Zealand v. France) Case — Paragraph 63 permitting New Zealand to request examination of situation if "basis"of 1974 Judgment "affected" — Conduct of underground nuclear weapons tests by France — Whether procedure for access to the Court independent from Articles 60 and 61 of Statute of the Court — Whether within Court's inherent power to regulate own procedure — Whether basis of 1974 Judgment affected or limited to atmospheric testing — Standard of proof applicable — Request for indication of provisional measuresInternational Court of Justice — Jurisdiction — Terminated jurisdiction — Application by New Zealand to resume proceedings in Nuclear Tests Case commenced against France in 1973 — Provision in Court's Judgment of 1974 permitting return to Court where "basis"of Judgment "affected" — Denunciation by France of General Act for the Pacific Settlement of Disputes following commencement of proceedings in 1973 — Scope of Court's jurisdiction — Whether Court's examination of application limited to scope of earlier proceedings and dispute