3 November 1953

 

General List No. 19

 
     

international Court of Justice

     
 

Monetary Gold Removed from Rome in 1943

 
     

Italy

 

v. 

United Kingdom and United States

     
     
 

Order

 
     
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BEFORE: President: J. G. Guerrero
   
PermaLink: http://www.worldcourts.com/icj/eng/decisions/1953.11.03_monetary_gold.htm
   
Citation: Monetary Gold Removed from Rome in 1943, Italy v. U.K. and U.S., Order, 1953 I.C.J. 44 (Nov. 3)
 
     
 
 
     
 

[p44]

The International Court of Justice,

having regard to Articles 48 and 49 of the Statute of the Court,

having regard to Article 37 of the Rules of Court ;

Makes the following Order .

Having regard to the Application dated May 19th, 1953, and filed in the Registry of the Court on that date, by which the Italian Republic instituted proceedings against France, the United Kingdom of Great Britain and Northern Ireland and the United States of America in the case of the monetary gold removed from Rome in 1943,

Having regard to the Order of July 1st, 1953, fixing time-limits for the filing of a Memorial and Counter-Memorials in that case, and reserving the rest of the procedure for further decision,

Whereas on October 3oth, 1953, the Agent of the Government of the Republic of Italy in this case filed in the Registry a document bearing the same date, and entitled "Affaire de l'or monétaire pris a Rome en 1947 Question préliminaire",

Whereas the said document, filed before the expiry of the time-limit fixed for the filing of a Memorial by the Government of the [p45] Italian Republic, requests the Court, for the reasons therein set out, and having regard to Article 62 of the Rules, to adjudicate on the preliminary question of its jurisdiction to deal with the merits of the claim set forth under No. I of the Submissions of the Application submitted to the Court on May 19th, 1953,

Whereas, without prejudging the question of the interpretation and application of Article 62 of the Rules of Court, it is deemed appropriate to give the Government of the Italian Republic an opportunity to define its position and to submit documents in support thereof ;

The Court

Suspends the proceedings on the merits ;

Fixes December 15th, 1953, as the time-limit within which the Italian Government may present a written statement defining its position, together with documents in support;

Fixes February 15th, 1954, as the time-limit within which the Governments of the French Republic, the United Kingdom of Great Britain and Northern Ireland and the United States of America may present written statements of their observations and submissions ;

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 third day of November, one thousand nine hundred and fifty-three, in five copies, one of which will be placed in the archives of the Court and the others will be transmitted to the Govrnments of the Italian Republic, of the French Republic, of the United Kingdom of Great Britain and Northern Ireland and of the United States of America, respectively.

(Signed) J. G. Guerrero,
Vice-President.

(Signed) Garnier-Coignet,
Deputy-Registrar.

 
     

 

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