New Zealand v.

France
General Principles of Law: Unilateral Acts| Dec. 20, 1974 | ICJ Ratio: It is well recognized that declarations made by way of unilateral acts,
concerning legal or factual situations, may have the effect of creating legal
Nature of Case: Application obligations. Nothing in the nature of a quid pro quo, nor any subsequent
Digest maker: Joshua Pascual acceptance, nor even any reaction from other States is required for such
declaration to take effect. Neither is the question of form decisive. The intention
SUMMARY: New Zealand requested France to put a halt to its atmospheric of being bound is to be ascertained by an interpretation of the act. The binding
nuclear test in the South Pacific. France, through unilateral acts, has publicly character of the undertaking results from the terms of the act and is based on
stated that it would put a halt to such tests. good faith; interested States are entitled.to require that the obligation be
respected.
DOCTRINE: Declarations made through unilateral acts have the effect of
creating legal obligations. Having regard to their intention and to the circumstances in which the
statements were made, they must be held to constitute an engagement of the
French State. France has conveyed to the world at large, including the Applicant,
FACTS: its intention effectively to terminate its atmospheric tests. It was bound to
● France has been conducting a series of atmospheric nuclear tests in the assume that other States might take note of these statements and rely on their
South Pacific. being effective. It is true that France has not recognized that it is bound by any
● New Zealand claims that this has had the effect of creating radioactive rule of international law to terminate its tests, but this does not affect the legal
fallout which has made its way to the country; thereby posing health consequences of the statements in question; the unilateral undertaking resulting
hazards to its citizens. from them cannot be interpreted as having been made in implicit reliance on an
● New Zealand requested the Court to indicate interim measures of arbitrary power of reconsideration.
protection, the Court, by an Order of 22June 1973, indicated inter alia
that, pending its final deci- sion, France should avoid nuclear tests
causing the deposit of radio-active fall-out on the territory of the
Applicant. NOTE:
●
● While the case was pending, France, through a series of statements
made in public, made announcements that it would cease its
atmospheric nuclear tests and will then pass on to the stage of
underground explosions as soon as the series of tests planned for that
summer have been completed.
● Further statements are contained in a Note from the French Embassy in
Wellington (10 June), a letter from the President of France to the Prime
Minister of New Zealand (1 July), a press conference given by the
])resident of the Republic (25 July), a speech made by the Minister for
For-
● eign Mairs in the United Nations General Assembly (25 September) and
a television interview and press conference by the Minister for Defence
(16 August and 1 October).

ISSUE/S & RATIO:

Issue: May declarations made through unilateral acts have the effect of
creating legal obligations? YES.