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[p53]
The International Court of Justice,
After deliberation,
Having regard to Articles 40 and 48 of the Statute of the Court,
Makes the following Order:
[1] Whereas by an Application dated May 22nd, 1947, under Article 40,
paragraph 1, of the Statute, and Article 32, paragraph 2, of the Rules of
Court, the Government of the United Kingdom of Great Britain and Northern
Ireland instituted proceedings before the Court against the Government of
the People's Republic of Albania. These proceedings concerned the incident
which occurred in the Corfu Channel on October 22nd, 1946, when two British
destroyers struck mines, the explosion of which caused damage to the vessels
and heavy loss of life;
[2] Whereas the United Kingdom Government on October 1st, 1947, filed a
Memorial with statements and submissions;
[3] Whereas, within the time-limit fixed for the presentation of the
Counter-Memorial, the Agent for the Albanian Government, by a document dated
December 1st, 1947, and filed in the Registry on December 9th, 1947,
submitted a Preliminary Objection to the Application on the ground of
inadmissibility;
[4] Whereas by a Judgment dated March 25th, 1948, the Court rejected the
Preliminary Objection, decided that proceedings on the merits should
continue and fixed the time-limits for the filing of subsequent pleadings as
follows: [p54]
(a) for the Counter-Memorial of the Albanian Government, Tuesday, June 15th,
1948;
(b) for the Reply of the United Kingdom Government, Monday, August 2nd,
1948;
(c) for the Rejoinder of the Albanian Government, Monday, September 20th,
1948;
[5] Whereas after delivery of the Judgment the Court was notified by the
Agent of the Albanian Government and by the Agent of the Government of the
United Kingdom of the conclusion on March 25th, 1948, of a Special
Agreement;
[6] Whereas the Special Agreement in question is as follows:
"The Government of the People's Republic of Albania, represented by their
Agent Mr. Kahreman Ylli, Envoy Extra¬ordinary and Minister Plenipotentiary
of Albania at Paris;
and
the Government of the United Kingdom of Great Britain and Northern Ireland,
represented by their Agent Mr. W.E. Beckett, C.M.G., K.C., Legal Adviser to
the Foreign Office;
Have accepted the present Special Agreement, which has been drawn up as a
result of the Resolution of the Security Council of the 9th April, 1947, for
the purpose of submitting to the Inter¬national Court of Justice for
decision the following questions:—
(1) Is Albania responsible under international law for the explosions which
occurred on the 22nd October 1946 in Albanian waters and for the damage and
loss of human life which resulted from them and is there any duty to pay
compensation?
(2) Has the United Kingdom under international law violated the sovereignty
of the Albanian People's Republic by reason of the acts of the Royal Navy in
Albanian waters on the 22nd October and on the 12th and 13th November 1946
and is there any duty to give satisfaction?
The Parties agree that the present Special Agreement shall be notified to
the International Court of Justice immediately after thé delivery on the
25th March of its judgment on the question of jurisdiction.
The Parties request the Court, having regard to the present Special
Agreement, to make such orders with regard to procedure, in conformity with
the Statute and the Rules of the Court, as the Court may deem fit, after
having consulted the Agents of the Parties.
In witness whereof the above-mentioned Agents, being duly authorized by
their Governments to this effect, have signed the present Special Agreement.
Done this 25th day of March, 1948, at mid-day, at The Hague, in English and
French, both texts being equally authentic, in a single copy which shall be
deposited with the International Court of Justice." [p55]
[7] Whereas this Special Agreement now forms the basis of further
proceedings before the Court in this case, and states the questions which
the Parties have agreed to submit to the Court for decision;
[8] Whereas the United Kingdom Government, on October 1st, 1947, that is
within the time-limit fixed by the Court, filed a Memorial with statements
and submissions relating to the incident that occurred on October 22nd,
1946;
[9] Whereas the Agents for the Parties, having in view the filing of the
Memorial and having been consulted by the President, declared in his
presence that they agreed in requesting that the order and time-limits for
the filing of the subsequent pleadings as fixed by the Judgment of March
25th, 1948, be maintained;
[10] The Court
confirms the time-limits for the filing of the subsequent plead¬ings as
follows:
(a) for the Counter-Memorial of the Albanian Government, Tuesday, June 15th,
1948;
(b) for the Reply of the United Kingdom Government, Monday, August 2nd,
1948;
(c) for the Rejoinder of the Albanian Government, Monday, September 20th,
1948.
Done in English and French, the English text being authoritative, at the
Peace Palace, The Hague, this twenty-sixth day of March, one thousand nine
hundred and forty-eight, in three copies, of which one will be placed in the
archives of the Court and the others will be transmitted to the Governments
of the People's Republic of Albania and of the United Kingdom of Great
Britain and Northern Ireland respectively.
(Signed) J. G. Guerrero,
President.
(Signed) E. Hambro,
Registrar. |
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