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[p.229]
The Acting President of the International Court of Justice,
Having regard to Articles 48, 63, 66 and 68 of the Statute,
Having regard to Article 37 of the Rules of Court,
Makes the following Order:
Whereas, on the and October, 1949, 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. Do the diplomatic exchanges between Bulgaria, Hungary and Romania on the
one hand and certain Allied and Associated Powers signatories to the
Treaties of Peace on the other, concerning the implementation of Article 2
of the Treaties with Bulgaria and Hungary and Article 3 of the Treaty with
Romania, disclose disputes subject to the provisions for the settlement of
disputes contained in Article 36 of the Treaty of Peace with Bulgaria,
Article 40 of the Treaty of Peace with Hungary, and Article 38 of the Treaty
of Peace with Romania?"
In the event of an affirmative reply to question 1:
"II. Are the Governments of Bulgaria, Hungary and Romania obligated to carry
out the provisions of the Articles [p 230] referred to in question 1,
including the provisions for the appointment of their representatives to the
Treaty Commissions?"
In the event of an affirmative reply to question II , and if within thirty
days from the date when the Court delivers its opinion, the Governments
concerned have not notified the Secretary-General that they have appointed
their representatives to the Treaty Commissions, and the Secretary-General
has so advised the International Court of Justice:
"III. If one party fails to appoint a representative to a Treaty Commission
under the Treaties of Peace with Bulgaria, Hungary and Romania where that
party is obligated to appoint a representative to the Treaty Commission, is
the Secretary-General of the United Nations authorized to appoint the third
member of the Commission upon the request of the other party to a dispute
according to the provisions of the respective Treaties?"
In the event of an affirmative reply to question III:
"IV. Would a Treaty Commission composed of a representative of one party and
a third member appointed by the Secretary-General of the United Nations
constitute a Commission, within the meaning of the relevant Treaty articles,
competent to make a definitive and binding decision in settlement of a
dispute?"
Whereas a certified true copy of the English and French texts of the
Resolution of the General Assembly was transmitted to the Court by means of
a letter dated 31st October, 1949, signed by the Secretary-General of the
United Nations;
Whereas on the 7th November, 1949, the Registrar, in pursuance of paragraph
I of Article 66 of the Statute, gave notice of the request for an advisory
opinion to al1 States entitled to appear before the Court;
Whereas, on the same date, the Registrar, in pursuance of paragraph 2,
Article 66, of the Statute, gave notice to al1 States entitled to appear
before the Court and who signed the Peace Treaties concerned, and, in
pursuance of paragraph I of Article 63, and of Article 68 of the Statute, to
the other signatory States of these Peace Treaties, that the Court was
prepared to receive written statements relating to the question: [p 231]
1. Appoints Monday, January 16th, 1950, as the date of expiry
of the time-limit within which the aforesaid States may file written
statements.
2. Reserves the rest of the procedure for further decision.
Done in English and in French, the French text being authoritative, at the
Peace Palace, The Hague, this seventh day of November, one thousand nine
hundred and forty-nine.
(Signed) J. G. Guerrero,
Acting President.
(Signed) E. Hambro,
Registrar. |
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