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[p190]
The International Court of Justice,
composed as above,
after deliberation,
having regard to Article 48 of the Statute of the Court, having regard to
Article 37 of the Rules of Court,
Makes the following Order:
Whereas, on November 21st, 1957, the Ambassador to the Netherlands of the
United Kingdom of Great Britain and Northern Ireland transmitted to the
Registrar an Application by the Government of the United Kingdom, dated
November 19th, 1957, instituting [p191] proceedings before the Court
against the Government of the People's Republic of Bulgaria with regard to
the losses sustained by citizens of the United Kingdom and Colonies by
reason of the destruction, on July 27th, 1955, by the Bulgarian
anti-aircraft defence forces, of an aircraft belonging to El Al Israel
Airlines Ltd.;
Whereas the Application recites, on the one hand, that the United Kingdom
has accepted the compulsory jurisdiction of the Court by its Declaration of
April 18th, 1957, replacing the previous Declaration of October 31st, 1955,
and covering disputes arising after February 5th, 1930, with regard to
situations and facts subsequent to that date, and, alternatively, that the
United Kingdom submit unconditionally to the jurisdiction of the Court for
all the purposes of the present dispute; and, on the the other hand, that
Bulgaria accepted the compulsory jurisdiction of the Court on July 29th,
1921, when the instrument of Bulgaria's ratification of the Protocol of
Signature of the Permanent Court of International Justice was deposited, and
that, by virtue of Article 93, paragraph 1, of the Charter of the United
Nations and Article 36, paragraph 5, of the Statute of the Court, that
acceptance became effective as to the jurisdiction of the Court on the date
of Bulgaria's admission to membership of the United Nations;
Whereas, by letter of November 21st, 1957, handed to the Registrar at the
same time as the Application, the Ambassador of the United Kingdom to the
Netherlands announced that Miss J. A. C. Gutteridge, Assistant Legal Adviser
to the Foreign Office, had been appointed as Agent for the United Kingdom
Government and that her address for service was the British Embassy at The
Hague;
Whereas the Minister for Foreign Affairs of Bulgaria was, on November 21st,
1957, notified by telegram of the filing of the Application, of which a copy
was at the same time transmitted to him by letter in accordance with Article
40, paragraph 2, of the Statute, and Article 33, paragraph 1, of the Rules;
Whereas, on November 22nd, 1957, the Agent for the Government of the United
Kingdom and the Minister for Foreign Affairs of Bulgaria were notified that
the President proposed, pursuant to Article 37, paragraph 1, of the Rules,
to receive the Agents or their representatives on November 25th, 1957, for
the purpose of ascertaining their views with regard to questions of
procedure and, in particular, with regard to the time-limits to be fixed for
the filing of the Pleadings;
Whereas, by telegram of November 23rd, 1957, the Minister for Foreign
Affairs of Bulgaria stated that the Bulgarian Government had appointed as
its representative Dr. Nissim Mevorah, Professor, whose address for service
was the Czechoslovak Legation at The Hague; and that, since Professor
Mevorah was temporarily absent [p192] from Bulgaria, the Minister for
Foreign Affairs would be grateful to the Court for a postponement of the
meeting of the representatives ;
Whereas, in these circumstances, only the representative of the United
Kingdom Government was able to be present at the meeting on November 25th,
1957;
The Court,
After ascertaining the views of the Applicant,
fixes June 2nd, 1958, as the time-limit for the filing of the Memorial of
the Government of the United Kingdom of Great Britain and Northern Ireland;
reserves for a subsequent Order the fixing of the time-limit for the filing
by the Respondent of its Counter-Memorial.
Done in English and in French, the English text being authoritative, at the
Peace Palace, The Hague, this twenty-sixth day of November, one thousand
nine hundred and fifty-seven, 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 People's Republic of Bulgaria, respectively.
(Signed) Green H. Hackworth,
President.
(Signed) J. Lopez Olivan,
Registrar. |
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