Testy broni nuklearnej w świetle prawa międzynarodowego ochrony środowiska
Testing of nuclear weapons under international environmental law

Summary/Abstract: An article discusses State practice and environmental legal aspects of nuclear weapons testing. Facts and statistics quoted in the text reveal a dramatic decline in respective practice. The legal analysis is limited to treaties and soft law documents referred to in the International Court of Justice’s proceedings concerning French nuclear tests in the southern Pacific. Relevant principles of intertional environmental law are identified, including concept of intergenerational rights, precautionary principle, involving obligation to undertake Environmental Impact Assessment, prohibition of introducing radioactive waste into the marine environment, and prohibition of transboundary environmental harm. While the ICJ fails to take a clear stance on this matter, conclusion reached by three dissenting judges in 1995 is self-evident: nuclear testing as such is not only prohibited, but would be considered illegal if it would cause radioactive fallout since under contemporary international law there is a duty not to cause gross or serious damage which can reasonably be avoided, together with a duty not to permit the escape of dangerous substances.

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