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[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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