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[p.233]
The Acting 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, 38 and 41 of the Rules of Court,
Makes the following Order:
Whereas by letter of September 28th, 1949, filed the same day in the
Registry of the Court, the Ambassador of the United Kingdom of Great Britain
and Northern Ireland at The Hague filed in the Registry of the Court an
Application, dated September 24th, 1949, whereby the Court is asked:
(a) to declare the principles of international law to be applied in defining
the base-lines, by reference to which the Norwegian Government is entitled
to delimit a fisheries zone, extending to seaward 4 sea miles from those
lines and exclusively reserved for its own nationals, and to define the said
base-lines in so far as it appears necessary, in the light of the arguments
of the Parties, in order to avoid further legal differences between them;
(b) to award damages to the Government of the United Kingdom in respect of
all interferences by the Norwegian authorities [p 234] with British fishing
vessels outside the zone which, in accordance with the Court's decision
under (a), the Norwegian Government is entitled to reserve for its
nationals;
Whereas the Application, which bears the signature of Sir Eric Beckett,
Legal Adviser to the Foreign Office, Agent of the Government of the United
Kingdom, refers to the declarations made by the Government of the United
Kingdom and by the Norwegian Government under Article 36, paragraph 2, and
Article 40, paragraph i, of the Statute of the Court, and Article 32 of the
Rules of Court;
Thus specifying the provisions on which the Applicant founds the
jurisdiction of the Court;
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;
Whereas, on September 28th, 1949, the Norwegian Government was duly informed
by telegram of the filing of the Application, of which a certified true copy
was despatched to it on September 29th, 1949, and whereas on October 24th,
1949, the Norwegian Government has acknowledged receipt of the Application;
Whereas, in the letter of acknowledgment, the Norwegian Government has
notified the Court of the appointment as its Agent of Mr. Sven Arntzen,
Advocate at the Supreme Court of Norway :
The Acting President of the Court, as the Court is not sitting, after
ascertaining the views of the Parties with regard to questions of procedure,
fixes as follows the time-limits for the presentation by the Parties of the
written proceedings:
For the Memorial of the Government of the United Kingdom: January 31st,
1950.
For the Counter-Memorial of the Norwegian Government: May 31st, 1950.
For the Reply of the Government of the United Kingdom: August 31st, 1950.
For the Rejoinder of the Norwegian Government: October 31st, 1950. [p 235]
Done in French and English, the French text being authoritative, at the
Peace Palace, The Hague, this ninth day of November, one thousand nine
hundred and forty-nine, in three copies, one of which will be placed in the
archives of the Court and the others transmitted to the Government of the
United Kingdom and to the Norwegian Government respectively.
(Signed)J. G. Guerrero,
Acting President.
(Signed)E. Hambro,
Registrar. |
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