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[p.121]
The 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 22nd 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 122] 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, in the Advisory Opinion which it delivered on March 3oth, 1950, the
Court gave an affirmative reply to Questions 1 and II mentioned above ;
Whereas, by a telegram received in the Registry of the Court on May 2nd,
1950, the Acting Secretary-General of the United Nations advised that within
thirty days from the date when the Court delivered its Opinion, he had not
been notified by the Government of Bulgaria, the Government of Hungary or
the Government of Romania that any of these Governments had appointed its
representative to the Treaty Commissions;
Whereas, on the 7th November, 1949, the Registrar gave notice, on the one
hand, in pursuance of paragraph 2 of Article 66, of the Statute, to States
that signed the Peace Treaties concerned and are entitled to appear before
the Court, and, on the other hand, 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 123]
1. Appoints Monday, June 5th, 1950, as the date of expiry of the time-limit
within which the aforesaid States may file written statements relating to
Questions III and IV of the Resolution quoted above.
Reserves the rest of the procedure for further decision.
Done in French and English, the French text being authoritative, at the
Peace Palace, The Hague, this fifth day of May, one thousand nine hundred
and fifty.
(Signed) Basdevant,
President.
(Signed) Garnier-Coignet,
Deputy-Registrar. |
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