Derecho Internacional y Diplomacia

Fue escrito por mi en 1996. RETHINKING THE 1995 NUCLEAR TESTS CASE. JUDICIAL SUPPORT FOR EMERGING PRINCIPLES OF INTERNATIONAL ENVIRONMENTAL LAW Germán Vera Esquivel [1] INTRODUCTION The resumption of the French nuclear tests in the South Pacific in 1995 and de judgment of the International Court of Justice [2] (hereinafter called “the ICJ”) concerning those tests have generated great polemic in the international arena. [3] To cover comprehensively all possible aspects of the Nuclear Tests case would exceed the scope of this article. Our intention is rather modest, to limit the coverage of this paper only to issues related to international environmental law. It is intended to focus specifically in the three dissenting opinions of the court, those of judges Koroma, Weeramantry and judge ad-hoc Palmer. The dissenting judges found that the Court should have reopened the case of 1974 [4] and therefore could have analyzed the merits of the petition which New Zealand