The existence and formulation of international law relating to nuclear testing; and the lawfulness of such tests in light of their impact on the environment

Abstract

International environmental law is an expanding and evolving entity. A complex regime of controls and principles are required
to maintain the respect of international law by the increasing number of states within the world community.
A large community encompasses a multitude of divergent and conflicting beliefs and attitudes, particularly with regard to
the testing of nuclear weapons.
The prolific expansion of environmental matters is perhaps unrivalled in international law. Environmental law is still at
an embryonic stage of development. It is precisely this reason that marks every environmental act or incident a potential
precedent for future law.
On the fiftieth anniversary of the detonation of American atom bombs over two cities in Japan in 1945, the world is reminded of the destructive force of man. In those fifty years five key states have developed a nuclear deterrent and lead the way
through to nuclear proliferation.
The environmental consequences of such destruction and pollution cannot be overstated. In addition to the partial annihilation of living matter around a large area of a hypocentre, the radioactive pollution has repercussions for all ecosystems, whether understood or not.
With this in mind, an understanding of the international law relating to nuclear testing; the history of the tests; the change
of attitude from testing being accepted by the nuclear states, to testing being subject to a moratorium; and whether the renegade behaviour of France in the face of opposing world opinion, can have any legality: is needed if an assessment of the lawfulness of nuclear testing is to be considered.
If ever there existed a threat to the global environment, and the peoples of the world, it comes from the threat of nuclear testing.