Request by UN General Assembly for advisory opinion on legality of nuclear weapons - UN Charter and law of armed conflict most directly applicable law - absence of conventional or customary rule authorizing or prohibiting threat or use of nuclear weapons - threat or use of nuclear weapons generally contrary to law applicable in armed conflict
Article Abstract:
The International Court of Justice responded to a UN General Assembly request to investigate the threat and use of nuclear weapons by determining that nuclear weapons were prohibited under international law. The Court based its decision on humanitarian, treaty and customary international law pertaining to armed conflicts despite the absence of a specific prohibition of nuclear weapons. However, the General Assembly lacked the 2/3 majority to give the Court jurisdiction. The decision may influence nuclear disarmament but a political compromise is more likely than an end to nuclear deterrence.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1997
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New Zealand challenge to underground nuclear testing by France in South Pacific - ICJ judgment in 1974 Nuclear Tests Case (New Zealand v. France) confined to atmospheric testing - dismissal of New Zealand request to reopen that case
Article Abstract:
The International Court of Justice dismissed New Zealand's 1995 claims against France, holding the 1974 Nuclear Tests Case decision on atmospheric testing to be inapplicable to underground testing. The Court's consideration of procedural issues and the threshold question led it to limit its role to interpreting the Judgment of 1974 as applied to the 1995 situation. Although the dissenting judges accepted New Zealand's argument that its 1973 action covered the same types of dangers, the majority dismissed the action on the basis of predictability and certainty of law.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1996
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Dismissal of request by World Health Organization for advisory opinion on legality of nuclear weapons - relationship between United Nations and specialized agencies - questions concerning use of force and disarmament within exclusive competence of United Nations
Article Abstract:
The International Court of Justice denied a request for an advisory opinion from the World Health Organization (WHO) concerning whether the use of nuclear weapons violated the obligations under the WHO Constitution. The Court found that the question was outside of the scope of WHO because it related to legality not the effects of nuclear weapon use. Therefore the Court lacked jurisdiction to answer. This ruling may indicate the Court's intention to strictly apply the functional necessity principle when considering questions from intergovernmental organizations.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1997
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