On August 21, 1995, the New Zealand Government filed a "Request for an Examination of the Situation" with the International Court of Justice, following an announcement by France that it would conduct a final series of underground nuclear weapons tests in the South Pacific starting in September 1995. In a December 20, 1974 judgment between these two same countries over atmospheric nuclear testing, this Court found that it was not required to give a decision on New Zealand’s claim because France had stated that it would not carry out further atmospheric nuclear tests, and thus New Zealand’s claim no longer had any basis. In paragraph 63 of this 1974 judgment, however, the Court stated that "if the basis of this judgment were to be affected", New Zealand could request an examination of the situation. New Zealand argued that the France’s planned September 1995 underground testing affected the basis of the 1974 judgment because had New Zealand realized in 1974 that France would switch to underground testing, the dispute would not have been resolved. The Court stated that the special procedure provided for by paragraph 63 was linked to the existence of circumstances set out in the judgment, and if those circumstances did not arise, that special procedure was not available. In deciding whether that basis of the 1974 judgment has been affected by the facts referred to by New Zealand, the Court held it is limited to an analysis of the 1974 judgment, and cannot now consider the question of broader objectives which New Zealand might have had in filing its application in 1973. The 1974 judgment dealt exclusively with atmospheric nuclear tests. Thus, this "Request for an Examination of the Situation" does not fall within the provisions of paragraph 63 and must be dismissed. This order was without prejudice to the obligations of States to respect and protect the natural environment.