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[p.59]
The International Court of Justice,
composed as above,
after deliberation,
having regard to Article 45 of the Statute of the Court,
having regard to Article 69 of the Rules of Court,
Makes the following Order.
Having regard to the Application, filed and registered in the Registry of
the Court on October 13th, 1949, by which the Government of the French
Republic, relying upon the Convention of Montreux of May 8th, 1937,
regarding the abrogation of the Capitulations in Egypt, instituted
proceedings against the Royal Egyptian Government in the Case concerning the
Protection of French Nationals and Protected Persons in Egypt;
Having regard to the designation of M. J. Riviere, French Ambassador at The
Hague, as Agent of the French Government, and of Iskander Bey El Wahhabi,
Egyptian Minister at The Hague, as Agent of the Egyptian Government,
subsequently replaced in the same capacity by Mohamed Ali Sadek Bey,
Egyptian Minister at The Hague ;
Whereas this Application, in accordance with Article 40, paragraph 3, of the
Statute of the Court, was communicated to the [p 60] Members of the United
Nations through the Secretary-General and to any other States entitled to
appear before the Court ;
Whereas it was also notified, in accordance with Article 63, paragraph 1, of
the Statute, to States other than those concerned in the case, which are
parties to the Convention of Montreux regarding the abrogation of the
Capitulations in Egypt;
Whereas by letter dated February 21st, 1950, and registered in the Registry
on February 23rd, the Agent of the French Government stated that the
measures taken by the Egyptian Government against the persons, property,
rights and interests of French nationals and protected persons having been
withdrawn, the dispute was virtually settled ; and consequently, that the
Government of the French Republic was not going on with the proceedings and
requested that its case be removed from the general list of the Court, in
accordance with Article 69 of the Rules of Court ;
Whereas the Egyptian Government had already taken a step in the proceedings,
and that, therefore, in accordance with Article 69, paragraph 2, of the
Rules, it was necessary to fix a time-limit within which this Government
should state whether it opposed the discontinuance of the proceedings by the
French Government;
Whereas by letter of March 2nd, 1950, the Registrar informed the Agent of
the Egyptian Government that the Court, in accordance with Article 69,
paragraph 2, of the Rules, had fixed in this connexion a time-limit expiring
on March 22nd, 1950, and that if no objections were raised by that
Government within this time-limit, acquiescence would be presumed ;
Whereas no reply reached the Court within this time-limit;
The Court
places on record the discontinuance by the French Government of the
proceedings instituted by the Application of October 13th,1949;
and orders that the case shall be removed from the Court's list.
Done in French and English, the French text being authoritative, at the
Peace Palace, The Hague, this twenty-ninth day of March, one thousand nine
hundred and fifty, in three copies, one of which will be placed in the
archives of the Court and the others transmitted to the French Government
and to the Egyptian Government respectively.
(Signed) J. G. Guerrero,
Acting President.
(Signed) E. Hambro,
Registrar. |
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