Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) – Counter-claims, 1997, https://www.icj-cij.org/files/case-related/91/091-19971217-ORD-01-04-EN.pdf, 6. Weeramantry Centre for Peace, Justice and International Law, 1.Request for an Examination of the Situation in Accordance with Paragraph 63 of the Court’s Judgment of 20 December 1974 in the Nuclear Tests(New Zealand v. France) Case, 1995, https://www.icj-cij.org/files/case-related/97/097-19950922-ORD-01-05-EN.pdf, 2. Nuclear Tests (New Zealand v. France) Cases Previous Next Overview of the case Institution of proceedings Provisional measures Questions of jurisdiction and/or admissibility Intervention Written proceedings Oral proceedings Other documents Orders Judgments Summaries of Judgments and Orders Press releases Correspondence See other cases involving New Zealand France See other cases … New Zealand asserted that this paragraph gave it the “right”, in such circumstances, to request “the resumption of the case begun by application on 9 May 1973”, and observed that the operative part of the Judgment concerned could not be construed as showing any intention on the part of the Court definitively to close the case. The Court found that, when inserting into paragraph 63 the sentence “the Applicant could request an examination of the situation in accordance with the provisions of the Statute”, it had not excluded a special procedure for access to it (unlike those mentioned in the Court’s Statute, such as the filing of a new application, or a request for interpretation or revision, which would have been open to the Applicant in any event) ; however, it found that that special procedure would only be available to the Applicant if circumstances were to arise which affected the basis of the 1974 Judgment. Consequently, New Zealand’s Request for provisional measures and the Applications for permission to intervene submitted by Australia, Samoa, Solomon Islands, the Marshall Islands and the Federated States of Micronesia as well as the Declarations of Intervention made by the last four States, all of which were proceedings incidental to New Zealand’s main request, likewise had to be dismissed. 253, 457. .”. Legality of the Use by a State of Nuclear Weapons in Armed Conflict, 1996, https://www.icj-cij.org/files/case-related/93/093-19960708-ADV-01-05-EN.pdf, 4. International Court of Justice 2017-2020 – All rights reserved. On the same day, the New Zealand Government also filed in the Registry a “Further Request for the Indication of Provisional Measures” in which reference was made, inter alia, to the Order for the indication of provisional measures made by the Court on 22 June 1973, which was principally aimed at ensuring that France would refrain from conducting any further nuclear tests at Mururoa and Fangataufa Atolls. (ser. . In that Request, the Court was reminded that, at the end of its 1974 Judgment, it had found that it was not called upon to give a decision on the claim submitted by New Zealand in 1973, that claim no longer having any object, by virtue of the declarations by which France had undertaken not to carry out further atmospheric nuclear tests. And that, it found, was not the case, as the decision announced by France in 1995 had related to a series of underground tests, whereas the basis of the Judgment of 1974 was France’s undertaking not to conduct any further atmospheric nuclear tests. Contentious cases organized by incidental proceedings, States entitled to appear before the Court, States not members of the United Nations parties to the Statute, States not parties to the Statute to which the Court may be open, Declarations recognizing the jurisdiction of the Court as compulsory, Organs and agencies authorized to request advisory opinions, Series A: Collection of Judgments (1923-1930), Series B: Collection of Advisory Opinions (1923-1930), Series A/B: Collection of Judgments, Orders and Advisory Opinions (from 1931), Series C: Acts and documents relating to Judgments and Advisory Opinions given by the Court / Pleadings, Oral Arguments and Documents, Series D: Acts and Documents concerning the organization of the Court, Questions of jurisdiction and/or admissibility. Legality of Use of Force (Serbia and Montenegro v. Belgium), 2004, https://www.icj-cij.org/files/case-related/105/105-19990602-ORD-01-06-EN.pdf, https://www.icj-cij.org/files/case-related/91/091-19960711-JUD-01-05-EN.pdf, https://www.icj-cij.org/files/case-related/92/092-19970925-JUD-01-03-EN.pdf, https://www.icj-cij.org/files/case-related/100/100-19990429-ADV-01-01-EN.pdf, About Journal of International Law and Comity, Request for an Examination of the Situation in Accordance with Paragraph 63 of the Court’s Judgment of 20 December 1974 in the, Legality of the Use by a State of Nuclear Weapons in Armed Conflict, 1996, Legality of the Threat or Use of Nuclear Weapons, 1996, Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro) – Counter-claims, 1997, Fisheries Jurisdiction (Spain v. Canada), 1998, Legality of Use of Force (Serbia and Montenegro v. Belgium), 2004, Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro), 1996, Gabčíkovo-Nagymaros Project (Hungary/Slovakia), 1997, Difference Relating to Immunity from Legal Process of a Special Rapporteur of the Commission on Human Rights, 1998. Filartiga v. Pena-Irala630 F.2D 876 (2D Cir. East Timor (Portugal v. Australia), 1995, https://www.icj-cij.org/files/case-related/84/084-19950630-JUD-01-05-EN.pdf, 3. Fisheries Jurisdiction (Spain v. Canada), 1998, http://www.icj-cij.org/files/case-related/96/096-19981204-JUD-01-05-EN.pdf, 7. Contentious cases organized by incidental proceedings, States entitled to appear before the Court, States not members of the United Nations parties to the Statute, States not parties to the Statute to which the Court may be open, Declarations recognizing the jurisdiction of the Court as compulsory, Organs and agencies authorized to request advisory opinions, Series A: Collection of Judgments (1923-1930), Series B: Collection of Advisory Opinions (1923-1930), Series A/B: Collection of Judgments, Orders and Advisory Opinions (from 1931), Series C: Acts and documents relating to Judgments and Advisory Opinions given by the Court / Pleadings, Oral Arguments and Documents, Series D: Acts and Documents concerning the organization of the Court, Questions of jurisdiction and/or admissibility, Further Request for the indication of Provisional Measures by New Zealand, Application for Permission to Intervene under the Terms of Article 62 of the Statute submitted by the Government of Australia, Application for Permission to Intervene under Article 62 of the Statute - Declaration of Intervention under Article 63 of the Statute submitted by the Government of the Solomon Islands, Application for Permission to Intervene under Article 62 of the Statute - Declaration of Intervention under Article 63 of the Statute submitted by the Government of the Marshall Islands, Application for Permission to Intervene under Article 62 of the Statute - Declaration of Intervention under Article 63 of the Statute submitted by the Government of the Federated States of Micronesia, Application for Permission to Intervene under Article 62 of the Statute - Declaration of Intervention under Article 63 of the Statute submitted by the Government of the Samoa Islands, Supplementary Aide-mémoire of New Zealand, Written Replies of New Zealand to Questions put by Judges, Written Replies by France to Questions put by Judges, Declaration by Judge Ranjeva (translation), Dissenting opinion by Judge ad hoc Sir Geoffrey Palmer. © © Players marked (c) were named as captain for their national squad. All details, such as number of international caps and player age, are current as of the opening day of the tournament on 25 May 1995. After holding public hearings on 11 and 12 September 1995, the Court made its Order on 22 September 1995. Nuclear Tests (New Zealand v. France) Cases Previous Next Overview of the case Institution of proceedings Provisional measures Questions of jurisdiction and/or admissibility Intervention Written proceedings Oral proceedings Other documents Orders Judgments Summaries of Judgments and Orders Press releases Correspondence See other cases involving New Zealand France See other cases … The national rugby union teams of France and New Zealand (the All Blacks) have been playing each other for over a century; as of 19 October 2015, they have played 56 Test matches against each other. But, with the scores at 24-10, the All Blacks were briefly caught napping and the way was paved for arguably the biggest turnaround in rugby history. 1974 I.C.J. 1980) Legal Status of Eastern Greenland (Norway v. Denmark)Court of Int’l Justice, 1993 P.C.I.J. International Court of Justice 2017-2020 – All rights reserved. That Judgment contained a paragraph 63 worded as follows, “Once the Court has found that a State has entered into a commitment concerning its future conduct it is not the Court’s function to contemplate that it will not comply with it. However, the Court observes that if the basis of this Judgment were to be affected, the Applicant could request an examination of the situation in accordance with the provisions of the Statute . Sosa v. Alvarez-Machain542 U.S. 692 (2004) Corfu Channel Case (United Kingdom v. Lomu, though, ensured New Zealand were some way ahead of France with two tries, typically powering over for his second score. Dissenting Opinions 1.Request for an Examination of the Situation in Accordance with Paragraph 63 of the Court’s Judgment of 20 December 1974 in the Nuclear Tests(New Zealand v. France) Case, 1995 … Legality of the Threat or Use of Nuclear Weapons, 1996, https://www.icj-cij.org/files/case-related/95/095-19960708-ADV-01-12-EN.pdf, 5. Request for an Examination of the Situation in Accordance with Paragraph 63 of the Court's Judgment of 20 December 1974 in the Nuclear Tests (New Zealand v. France) Case, On 21 August 1995, the New Zealand Government filed in the Registry a document entitled “Request for an Examination of the Situation” in which reference was made to a “proposed action announced by France which will, if carried out, affect the basis of the Judgment rendered by the Court on 20 December 1974 in the Nuclear Tests (New Zealand v. France) case”, namely “a decision announced by France in a media statement of 13 June 1995” by the President of the French Republic, according to which “France would conduct a final series of eight nuclear weapons tests in the South Pacific starting in September 1995”. This article lists the official squads for the 1995 Rugby World Cup in South Africa from 25 May to 24 June 1995. A/B) No. 53 at 71; Nuclear Tests Case (Australia & New Zealand v. France)I.C.J. Overview of the case On 21 August 1995, the New Zealand Government filed in the Registry a document entitled “Request for an Examination of the Situation” in which reference was made to a “proposed action announced by France which will, if carried out, affect the basis of the Judgment rendered by the Court on 20 December 1974 in the Nuclear Tests (New Zealand v.
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