Practice Relating to Rule 44. Due Regard for the Natural Environment in Military Operations
In its written statement submitted to the ICJ in the Nuclear Tests case (Request for an Examination of the Situation)
in 1995, France argued that it was uncertain whether the precautionary principle had become a binding rule of international law. It went on to state that France does carry out an analysis of the impact of its activities on the environment, and described all the measures it took to ensure that the tests would not have a negative effect. It described these measures as being precautions that were in keeping with its obligations under international environmental law and therefore France did exercise sufficient diligence. However, it denied that the precautionary principle could have the effect of shifting the burden of proof as New Zealand asserted.