10 January 1951

 

General List No. 5

 
     

international Court of Justice

     
     

Anglo-Norwegian Fisheries

 

 

  United Kingdom  

v.

  Norway  
     
 

Order

 
     
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BEFORE: President: Basdevant
   
PermaLink: http://www.worldcourts.com/icj/eng/decisions/1951.01.10_fisheries.htm
   
Citation: Anglo-Norwegian Fisheries, United Kingdom v. Norway, Order, 1951 I.C.J. 8 (Jan. 10)
 
     
 
 
     
 

[p8]

The President of 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,

having regard to the Order of November 9th, 1949, by which the Acting-President of the Court fixed the time-limits for the presentation of the documents of the written proceedings in the Anglo-Norwegian Fisheries Case,

having regard to the Orders of March 29th and October 4th, 1950, by which the Court extended the aforesaid time-limits;

Whereas, by letter of December 14th, 1950, the Agent of the Government of Norway has requested the extension until April 30th, 1951, of the time-limit for the presentation of the Rejoinder of the Government of Norway, which had been fixed at January 31st, 1951, by the Order of October 4th, 1950;

Whereas, in said letter of December 14th, 1950, the Agent of the Government of Norway recalls that, by letter of September 29th, 1950, he had agreed to the extension of the time-limit fixed for the presentation of the Reply of the Government of the United Kingdom, while reserving the right, after having studied said Reply, to ask for an extension of the time-limit fixed for the presentation of the Rejoinder of the Government of Norway;

Whereas, in said letter of December 14th, 1950, the Agent of the Government of Norway puts forward various arguments in favour of his request;

Whereas the request of the Agent of the Government of Norway was communicated to the Agent of the Government of the United Kingdom by letter of December 18th, 1950, and whereas this [p9] Agent, by letter of January 4th, 1951, has stated various considerations which have led him to oppose the request, while adding that he would not oppose an extension of one month or six weeks;

Whereas the case is of such a nature that the decision may affect in a lasting way the territorial status of Norway and, if it should be recognized that a temporary obstacle has been wrongly put to the exercise of their rights by British fishermen, may give rise to redress by means of reparation for the damage caused;

Whereas in similar cases, affecting the territorial status of States, time-limits comparable to the one now requested have sometimes been granted;

Whereas the volume of the Reply submitted by the United Kingdom, the importance of the charts annexed thereto and the commentaries on those charts in said Reply must be taken into consider-ation;
Whereas a reduction of the extension requested, to meet the wish of the Government of the United Kingdom to see the case decided before the beginning of the next fishing season, would not assure this result because there are other cases now pending before the Court which must be heard first and, secondly, because a risk would then arise of gaps in the written proceedings, which would result in the protraction of oral arguments, when it is desirable, on the contrary, to have those arguments restricted to what will seem essential to the statement of the claim and of the defence, without reverting to what should previously have been made sufficiently clear in the written proceedings,

Decides

to extend until April 30th, 1951, the time-limit fixed by the Order of October 4th, 1950, for the presentation of the Rejoinder of the Government of Norway.

Done in English and French, the French text being authoritative, at the Peace Palace, The Hague, this tenth day of January, one thousand nine hundred and fifty-one, 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 the Government of the Kingdom of Norway, respectively.

(Signed) Basdevant,
President.

(Signed) E. Hambro,
Registrar.

 
     

 

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