OS TESTES NUCLEARES SOB A VISÃO DA CORTE INTERNACIONAL: A BUSCA DA SOLUÇÃO DE CONTROVÉRSIA ENTRE FRANÇA E AUSTRÁLIA

The study deals with the International Court of Justice’s position about the atmospheric nuclear tests performed by the French State, in the South Pacific, involving controversies with Australia. The general objective is to verify if the International Environmental Law was favorable or not, to the point of measuring the French State responsibility. The research has qualitative features, being based in the study of cases and theoretic revision. The methodology used consists in explicative analyzes, deductive method of approach and topical procedure about the object of study by bibliographic and jurisprudential research. The analysis of the leading cases shows that the mechanisms of international environmental protection used by the requesters contributed to the good term of the process at the ICJ, however, the sentence handed down did not bring a successful result to the international environment