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[p391]
The International Court of Justice,
having regard to Article 48 of the Statute of the Court,
having regard to Article 37 of the Rules of Court,
Makes the following Order :
Whereas by letter of October 28th, 1950, filed the same day in the Registry
of the Court, the Chargé d'Affaires of France at The Hague filed in the
Registry of the Court an Application dated October 27th, 1950, whereby the
Court is asked to judge and declare:
"That the privileges of the nationals of the United States of America in
Morocco are only those which result from the text of Articles 20 and 21 of
the Treaty of September 16th, 1836, and that, since the most-favoured-nation
clause contained in Article 24 of the said treaty can no longer be invoked
by the United States in the present state of the international obligations
of the Shereefian Empire, there is nothing to justify the granting to the
nationals of the United States of preferential treatment which would be
contrary to the provisions of the treaties; [p392]
That the Government of the United States of America is not entitled to claim
that the application of all laws and regulations to its nationals in Morocco
requires its express consent;
That the nationals of the United States of America in Morocco are subject to
the laws and regulations in force in the Shereefian Empire, and in
particular the regulation of December 3oth, 1948, on imports not involving
an allocation of currency, without the prior consent of the United States
Government;
That the dahir of December 30th, 1948, concerning the regulation of imports
not involving an allocation of currency, is in conformity with the economic
system which is applicable to Morocco, according to the conventions which
bind France and the United States" ;
Whereas the Application, which bears the signature of M. André Gros, Legal
Adviser to the Ministry of Foreign Affairs, Agent of the Government of the
French Republic, refers to the declarations made by the Government of the
French Republic and by the Government of the United States of America under
Article 36, paragraph 2, and Article 40, paragraph 1, 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 October 28th, 1950, the Government of the United States of
America was duly informed by telegram of the filing of the Application, of
which a certified true copy was despatched to it on October 31t, 1950 ;
Whereas in a letter of November 16th, 1950, signed by its Ambassador at The
Hague, the Government of the United States of America has notified the Court
of the appointment as its Agent of Mr. Adrian S. Fisher, Legal Adviser of
the Department of State :
The Court, 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 French Republic : March 1st, 1951
;
for the Counter-Memorial of the Government of the United States of America :
July 1st, 1951 ; [p393]
for the Reply of the Government of the French Republic : September 1st, 1951
;
for the Rejoinder of the Government of the United States of America :
November 1st, 1951.
Done in French and English, the French text being authoritative, at the
Peace Palace, The Hague, this twenty-second day of November, 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 Governments of the
French Republic and of the United States of America, respectively.
(Signed) J. G. Guerrero,
Acting President.
(Signed) E. Hambro,
Registrar. |
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