International law in general — Sources — Customary law — State practice — Evolution of a new rule of customary international law — Whether such a rule had evolved in respect of atmospheric nuclear tests — Nuclear Test Ban Treaty, 1963

States as international persons — In general — Conduct of foreign relations — Statements by Head of State and members of Government — Whether capable of binding State in international law

State territory — In general — Nature of territorial sovereignty — Atmospheric nuclear tests causing deposit of radio-active fall-out on territory of other States — Whether an infringement of territorial sovereignty

Jurisdiction — High seas — Conception of the high seas and freedom of the sea — Atmospheric nuclear tests causing deposit of radio-active fall-out on the high seas — Establishment of prohibited and dangerous zones — Whether an unlawful infringement of the freedom of the high seas — Whether any one State has locus standi to claim in respect of such infringement

State responsibility — Nature and kinds of — In general — Absolute responsibility — Atmospheric nuclear tests leading to deposit of radio-active fall-out on territory of other States and on high seas — Whether such tests unlawful — Whether absolute responsibility for any damage caused

Treaties — In general — Form of international agreements — Unilateral oral declaration — Whether capable of amounting to assumption of legal obligation — Whether international law imposes any formal requirements — French declarations that atmospheric nuclear tests would cease — Whether amounting to a binding promise

Treaties — Conclusion and operation — Effect on third parties — Treaty allegedly giving rise to rule of customary international law — Nuclear Test Ban Treaty, 1963 — Whether giving rise to rule of customary law prohibiting atmospheric nuclear tests

Treaties — Termination — By operation of law — Desuetude — Whether a separate means of termination — Whether distinguishable from rebus sic stantibus — General Act for the Pacific Settlement of Disputes, 1928 — Whether remaining in force after dissolution of League of Nations — Effect of subsequent agreements

Treaties — Termination — By act of party — Mutual consent — Implied consent — Whether earlier treaty amended or superseded by later treaty dealing with similar subject — General Act for the Pacific Settlement of Disputes, 1928 — Whether amended or superseded as between Australia and France by Optional Clause declarations

Treaties — Termination — By act of party — Result of non-performance by one party — Whether Australia debarred from invoking General Act for the Pacific Settlement of Disputes, 1928, by alleged breach in 1939

Disputes — International Court of Justice — Contentious jurisdiction — Procedure — Refusal of respondent State to appear Application of Article 53 of Statute — Preservation of equality between parties — Rules of natural justice — Propriety of Court considering fresh evidence proprio motu — Whether necessary for Court to consult parties — Application — Inherent jurisdiction of Court to decide real nature of claim — Court requested to adjudge and declare atmospheric nuclear tests unlawful and to order France to cease conducting tests — Whether a separate claim for a declaratory judgment

Disputes — International Court of Justice — Contentious jurisdiction — Procedure — Indication of interim measures of protection

Disputes — International Court of Justice — Contentious jurisdiction — Procedure — Application for permission to intervene — Procedure to be followed — Whether necessary to establish jurisdictional link between intervening State and respondent State

Disputes — International Court of Justice — Contentious jurisdiction — Competence — Indication of interim measures of protection — Need to establish prima facie jurisdiction before indicating interim measures — Degree of examination required

Jurisdiction of the Court — Questions of jurisdiction and admissibility — Distinction — Judicial function of Court — Need for a legal dispute — Claimant State's objectives achieved — Whether claim without object — Inherent jurisdiction of Court to examine such questions proprio motu — Whether a reformulation of Applicant's claim

Jurisdiction — General Act for the Pacific Settlement of Disputes, 1928 — Whether a treaty in force — Whether providing a basis for jurisdiction of the Court — Whether amended or superseded by subsequent declaration under Article 36 (2) of the Statute of the Court — Effect of reservations to declaration under Article 36(2)Self — judging reservations

Jurisdiction — Locus standi — Whether actio populans exists in international law

Procedure — Refusal of Respondent State to appear before Court Consequences — Article 53 of the Statute of the Court — Application — Relation to Article 41 and indication of interim measures of protection — Preservation of equality between parties — Rules of natural justice

Procedure — Propriety of Court examining new evidence proprio motu — Whether necessary to consult parties

Procedure — Application — Court requested to declare atmospheric nuclear tests unlawful and order France to cease conducting them — Whether request for declaration a separate claim or merely reason advanced for grant of order

Procedure — Application to intervene — Whether necessary to establish jurisdictional link between intervening State and respondent State

Treaties — In general — Form of international agreements — Unilateral declaration — Whether capable of amounting to assumption of legal obligation — French declaration that atmospheric nuclear tests would cease

Treaties — Termination — By operation of law — Desuetude — General Act for the Pacific Settlement of Disputes, 1928 — Whether remaining in force after dissolution of the League of Nations

Treaties — Termination and amendment — By mutual consentWhether General Act amended or superseded as between Australia and France by declarations of both States under Article 36(2) of the Statute of the International Court of Justice

Treaties — Termination — Whether Australia debarred from invoking General Act for the Pacific Settlement of Disputes, 1928, by alleged breach in 1939

Treaties — Effect on third parties — Treaty allegedly giving rise to rule of customary international law — Nuclear Test Ban Treaty, 1963

State responsibility — In general — Atmospheric nuclear tests leading to deposit of radio-active fall-out on territory of other States and on high seas — Whether tests lawful — Whether absolute responsibility for damage caused

State territory — Nature of territorial sovereignty — Atmospheric nuclear tests causing deposit of radio-active fall-out on territory of other States — Whether an infringement of territorial sovereignty

Jurisdiction — High seas — Atmospheric nuclear tests causing deposit of radio-active fall-out on high seas — Prohibited zones set up on high seas — Whether lawful — Whether any one State having locus standi to claim