Brief Fact Summary.

Australia and New Zealand (P) requested France (D) to

put an halt to atmospheric nuclear test in the South Pacific.

Synopsis of Rule of Law. Declaration made through unilateral acts may have
the effect of creating legal obligations.

Facts. A series of nuclear tests was completed by France (D) in the South
Pacific. This action made Australia and New Zealand (P) to apply to the I.C.J.
demanding that France (D) cease testing immediately. Before the case could
be completed, France (D) announced it had completed the test and did not
plan any further test. So France (D) moved for the dismissal of the application.

Issue. May declaration made through unilateral act has effect of creating legal
obligations?

Held. Yes. Declaration made through unilateral acts may have the effect of
creating legal obligations. In this case, the statement made by the President of
France must be held to constitute an engagement of the State in regard to the
circumstances and intention with which they were made. Therefore, these
statement made by the France (D) are relevant and legally binding.
Application was dismissed.

Discussion. The unilateral statements made by French authorities were first

relayed to the government of Australia. There was no need for the statements
to be directed to any particular state for it to have legal effect. The general
nature and characteristics of the statements alone were relevant for
evaluation of their legal implications.