04/02/2020
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the world at large, including the Applicant, its intention
effectively to terminate these tests. It was bound to
assume that other States might take note of these
statements and rely on their being effective. The validity
of these statements and their legal consequences must
be considered within the general framework of the
security of international intercourse, and the confidence
and trust which are so essential in the relations among States.
It is from the actual substance of these statements, and
from the circumstances attending their making, that the
legal implications of the unilateral act must be deduced.
The objects of these statements are clear and they were
addressed to the international community as a whole,
and the Court holds that they constitute an undertaking
possessing legal effect. The Court considers *270 that the
President of the Republic, in deciding upon the effective
cessation of atmospheric tests, gave an undertaking to the
international community to which his words were addressed. x
x x (Emphasis and underscoring supplied)
As gathered from the above-quoted ruling of the ICJ, public statements of a state
representative may be construed as a unilateral declaration only when the following
conditions are present: the statements were clearly addressed to the international
community, the state intended to be bound to that community by its statements,
and that not to give legal effect to those statements would be detrimental to the
security of international intercourse. Plainly, unilateral declarations arise only in
peculiar circumstances.
The limited applicability of the Nuclear Tests Case ruling was recognized in a later
case decided by the ICJ entitled Burkina Faso v. Mali,[183] also known as the Case
Concerning the Frontier Dispute. The public declaration subject of that case was a
statement made by the President of Mali, in an interview by a foreign press agency,
that Mali would abide by the decision to be issued by a commission of the
Organization of African Unity on a frontier dispute then pending between Mali and
Burkina Faso.
Unlike in the Nuclear Tests Case, the ICJ held that the statement of Mali's President
was not a unilateral act with legal implications. It clarified that its ruling in the
Nuclear Tests case rested on the peculiar circumstances surrounding the French
declaration subject thereof, to wit:
40.In order to assess the intentions of the author of a unilateral
act, account must be taken of all the factual circumstances in
which the act occurred. For example, in the Nuclear Tests
cases, the Court took the view that since the applicant
States were not the only ones concerned at the possible
continuance of atmospheric testing by the French
Government, that Government's unilateral declarations
had `conveyed to the world at large, including the
Applicant, its intention effectively to terminate these
tests` (I.C.J. Reports 1974, p. 269, para. 51; p. 474, para.
53). In the particular circumstances of those cases, the
French Government could not express an intention to be
bound otherwise than by unilateral declarations. It is
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