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15 January 1952

 

General List No. 17

 
     

international Court of Justice

     
 

Minquiers and Ecrehos

 
     

United Kingdom

 

v. 

France

     
     
 

Order

 
     
     
     
 
BEFORE: President: J.G.Guerrero
   
PermaLink: http://www.worldcourts.com/icj/eng/decisions/1952.01.15_minquires_and_ecrehos.htm
   
Citation: Minquiers and Ecrehos, U.K. v. France, Order, 1952 I.C.J. 4 (Jan. 15)
 
     
 
 
     
 

[p4]

The Vice-President of the International Court of Justice, Acting President in this case,

having regard to Articles 40 and 48 of the Statute of the Court,

having regard to Articles 32 and 37 of the Rules of Court;

Whereas by a letter dated December 5th, 1951, filed in the Registry of the Court on December 6th, 1951, the British Ambassador to the Netherlands transmitted to the Registry of the Court a certified true copy of a Special Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the French Republic, signed in London on December 29th, 1950, by which the Court is requested to determine whether the sovereignty over the islets and rocks (in so far as they are capable of appropriation) of the Minquiers and Ecrehos groups respectively belongs to the United Kingdom or the French Republic ;

Whereas the said Special Agreement, which came into force on September 24th, 1951, by instruments of ratification exchanged at Paris, provides that it may be notified to the Court under Article 40 of the Statute of the Court by either of the Contracting Parties ;

Whereas, by his, said letter of December 5th, 1951, the British Ambassador to the Netherlands informed the Registry of the Court that Mr. R. S. B. Best, Third Legal Adviser to the Foreign Office, had been appointed as Agent for the Government of the United Kingdom ;[p5]

Whereas, by letter dated December 7th, 1951, the Government of the French Republic was duly notified of the filing of the Special Agreement in the Registry ;

Whereas, by a letter dated January 2nd, 1952, the French Ambassador to the Netherlands notified the Court of the appointment of Professor André Gros as Agent for the Government of the French Republic ;

Whereas Article II of the Special Agreement recites the agreement of the Parties that, without prejudice to any question as to the burden of proof, the written proceedings should consist of

(1) a United Kingdom Memorial to be submitted within three months of the notification of the Special Agreement ;
(2) a French Counter-Memorial to be submitted within three months of delivery of the United Kingdom Memorial;
(3) a United Kingdom Reply followed by a French Rejoinder to be delivered within such times as the Court may order ;

Whereas the Parties, having been consulted in accordance with Article 37 of the Rules of Court, maintained the above proposals ;

Whereas there is no objection to the adoption of the proposals thus submitted by the Parties;
Fixes as the date for the expiry of the time-limit for the filing of the Memorial by the Government of the United Kingdom: March 6th, 1952 ; and for the filing of the Counter-Memorial by the Government of the French Republic : June 6th, 1952 ;

And 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 fifteenth day of January, one thousand nine hundred and fifty-two, 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 of Great Britain and Northern Ireland and to the Government of the French Republic, respectively.

(Signed) J. G. Guerrero,
Vice-President.
(Signed) E. Hambro,
Registrar.

 
     

 






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