| |
[p121]
The International Court of Justice,
Having regard to Articles 48 and 66 of the Statute,
And to Article 37 of the Rules of Court,
Whereas, on the 3rd December, 1948, the General Assembly of the United
Nations adopted a Resolution by the terms of which it requested the Court
for an advisory opinion on the following questions :
"1. In the event of all agent of the United Nations in the performance of
his duties suffering injury in circumstances involving the responsibility of
a State, has the United Nations, as an Organization, the capacity to bring
an international claim against the responsible de jure or de facto
government with a view to obtaining the reparation due in respect of the
damage caused (a) to the United Nations, (b) to the victim or to persons
entitled through him ?
II. In the event of an affirmative reply on point 1 (b), how is action by
the United Nations to be reconciled with such rights as may be possessed by
the State of which the victim is a national ?"
Whereas a certified true copy of the English and French texts of the
Resolution of the General Assembly of the United Nations was transmitted to
the Court by means of a letter dated the 4th December, 1948, signed by the
Secretary-General of the United Nations ;
Whereas, on the 10th December, 1948, the Registrar, in pursuance of
paragraph I of Article 66 of the Statute, gave notice of the request for an
advisory opinion to all States entitled to appear before the Court; [p122]
1. decides to notify all States entitled to appear before the Court that the
Court is prepared to receive written statements concerning the questions
submitted to its consideration, and to hear oral statements relating to
those questions ;
2. appoints Monday, the 14th February, 1949, as the date of expiry of the
time-limit within which the aforesaid States may file written statements ;
3. appoints Monday, the 7th March, 1949, as the date of the opening of the
public sittings for the hearing of oral statements.
Done in English and in French, the English text being authoritative, at the
Peace Palace, The Hague, this eleventh day of December, nineteen hundred and
forty-eight.
(Signed) J. G. Guerrero,
President
.
(Signed) E. Hambro,
Registrar. |
|
