Australia vs France

Facts:
On 9 May 1973, Australia and New Zealand instituted proceedings against France concerning
tests of nuclear weapons which France proposed to carry out in the atmosphere in the South
Pacific region. They claimed that it is unlawful for France to conduct such nuclear tests before it
has undertaken an Environmental Impact Assessment according to accepted international
standards. Unless such an assessment establishes that the tests will not give rise, directly or
indirectly, to radioactive contamination of the marine environment, the rights under international
law will be violated.
While the case was pending, France announced that it had completed the test and did not plan
any further test. Thus, France moved for the dismissal of the case.

Issue:
Whether or not the declaration made through unilateral acts has the effect of creating legal
obligations.

Held:
Yes, declaration made through unilateral acts may have the effect of creating legal obligation.
There was no need for this statement to be addressed to a particular state, nor was acceptance
by any other state required to have a legal effect. The general nature and characteristics of these
statements are decisive for the evaluation of the legal implications. In announcing that the 1974
series of atmospheric test would be the last, the French government conveyed to the world at
large, including the Applicant, its intention effectively to terminate these tests. It was bound to
assume that other states might take note of this statement and rely on their being effective. The
validity of this statement and their legal consequences must be considered within the general
framework of the security of international intercourse, and the confidence and trust which are
essential in the relations among the States. Therefore, the case was dismissed.