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[p4]
The President of the International Court of Justice,
Having regard to Articles 35, 36, 40 and 48 of the Statute of the Court,
Having regard to Articles 32, 35, 36, 38 and 41 of the Rules of Court,
Makes the following Order:
[1] Whereas, by a letter dated May 22nd, 1947, and filed in the Registry of
the Court on the same date, the Ambassador of the United Kingdom of Great
Britain and Northern Ireland at The Hague, by order of his Government, has
transmitted to the Court an Application dated May 13th, 1947, instituting
proceedings against the Government of the People's Republic of Albania in
respect of injury caused by mines to British ships in the Strait of Corfu
and of resulting loss of life, for which injury and loss the Government of
the United Kingdom claims that the Albanian Government is internationally
responsible;
[2] Whereas the said letter gives notice of the appointment as Agent for the
Government of the United Kingdom of Mr. W. E. Beckett, Legal Adviser to the
Foreign Office, and of his address for service at The Hague;
[3] Whereas the Application, which bears the signature of Mr. Beckett, duly
certified by the Ambassador of the United Kingdom at The Hague, invokes
Article 36, paragraph 1, of the Statute of the [p5] Court, thus specifying
the provision on which the Applicant founds the jurisdiction of the Court;
[4] Whereas the Application also states the nature of the claim and gives a
succinct statement of the facts and grounds on which the claim is based;
Whereas, therefore, the Application fulfils the formal conditions laid down
by the Rules of Court;
[5] Whereas on May 22nd, 1947, the Albanian Government was duly informed of
the filing of the Application of which a certified true copy was despatched
to it on the same date;
[6] Whereas on July 23rd, 1947, a note signed by the Deputy-Minister for
Foreign Affairs was filed with the Registry, on behalf of the Government of
the People's Republic of Albania, in response to the Application of the
Government of the United Kingdom;
[7] Whereas in this note the Albanian Government declares inter alia that
the Government of the United Kingdom, in bringing the case before the Court
by unilateral application, has not proceeded in conformity with the
recommendation of the Security Council of April 9th, 1947, or with the
Statute of the Court or the recognized principles of international law, and
that, accordingly, the Albanian Government would be within its rights in
holding that the Government of the United Kingdom was not entitled to bring
the case before the Court without first concluding a special agreement with
the Albanian Government; but whereas the Albanian Government, fully
accepting for its part the recommendation of the Security Council, is
prepared, notwithstanding this irregularity and in evidence of its devotion
to the principles of friendly collaboration between nations and of the
pacific settlement of disputes, to appear before the Court;
[8] Whereas the note above mentioned gives notice of the appointment as
Agent for the Albanian Government of M. Kahreman Ylli, Minister
Plenipotentiary of Albania in Paris, and of his address for service at The
Hague;
[9] Whereas, having regard to the Resolution of the Security Council of
April 9th, 1947, the said note of the Albanian Government may be regarded as
constituting the document mentioned in Article 36 of the Rules of Court;
[10] The President of the Court, as the Court is not sitting, after
ascertaining the views of the Parties with regard to questions of procedure,
1) fixes as follows the time-limits for the presentation by the Parties of
the first two pleadings:
for the Memorial of the Government of the United Kingdom : Wednesday, the
1st of October, 1947; [p6]
for the Counter-Memorial of the Albanian Government: Wednesday, the 10th of
December, 1947;
(2) will, if need be, make a subsequent order fixing the time-limits for the
presentation of a Reply by the Government of the United Kingdom and of a
Rejoinder by the Albanian Government.
[11] Done in French and English, the French text being authoritative, at the
Peace Palace, The Hague, this thirty-first day of July, one thousand nine
hundred and forty-seven, in three copies, one of which shall be placed in
the archives of the Court and the others, shall be transmitted to the
Government of the People's Republic of Albania and to the Government of the
United Kingdom of Great Britain and Northern Ireland respectively.
(Signed) J. G. Guerrero,
President.
(Signed) Garnier-Coignet,
Deputy-Registrar. |
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