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[p7]
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 Oder :
Having regard to the Application dated December 10th, 1951, and filed in the
Registry of the Court on December 17th, 1951, by which the Principality of
Liechtenstein instituted proceedings in the Nottebohm case against the
Republic of Guatemala,
Having regard to the Orders of January 26th and March 7th, 1952, fixing
time-limits for the filing of the Memorial and the Counter-Memorial in that
case, and reserving the rest of the procedure for further decision,
Whereas the Government of the Principality of Liechtenstein filed their
Memorial with the Registry on June 3rd, 1952, within the time-limit fixed by
the Court,
Whereas within the time-limit fixed for this purpose the Government of
Guatemala has not filed a Counter-Memorial, but before the expiry of this
time-limit, the Minister for Foreign Affairs of Guatemala, by a
communication (No. 12580) dated September 9th, 1952, [p8] filed in the
Registry on September 15th, stated that by reason of the expiry on January
26th, 1952, of the declaration of acceptance of the compulsory jurisdiction
of the Court, his Government considered that the Court had no jurisdiction
to deal with a case affecting Guatemala, and that consequently the said
Government was unable, for the moment, to appear before the Court,
Whereas, in that communication, the Government of the Republic of Guatemala
declared their readiness to begin negotiations with the Government of the
Principality of Liechtenstein "with a view to arriving at an amicable
solution, either in the sense of a direct settlement, an arbitration or
judicial settlement, with a preference for the last mentioned by means of"
the International Court of Justice,
Whereas the President, having been informed of the common desire of the
Parties to settle their dispute by negotiation, abstained from ordering any
steps relating to the continuation of the proceedings ; but the Court,
having received no information concerning the conclusion of any agreement,
cannot refrain from availing itself of the powers conferred upon it by
Article 48 of the Statute ;
The Court
Fixes May 21st, 1953, as the time-limit within which the Government of the
Principality of Liechtenstein may present a written statement of their
observations in regard to the communication (No. 12580) of the Government of
the Republic of Guatemala of September 9th, 1952 ;
And reserves the rest of the procedure for further decision.
Done in English and French, the English text being authoritative, at the
Peace Palace, The Hague, this twenty-first day of March, one thousand nine
hundred and fifty-three, in three copies, one of which will be placed in the
archives of the Court and the others will be transmitted to the Governments
of the Principality of Liechtenstein and of the Republic of Guatemala,
respectively.
(Signed) Arnold D. McNair,
President.
(Signed) E. Hambro,
Registrar. |
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