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[p186]
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 October 28th, 1957, the Ambassador to the Netherlands of the
United States of America transmitted to the Registrar an Application by the
Government of the United States of America, [p 187] dated October 24th,
1957, instituting proceedings before the Court against the Government of the
People's Republic of Bulgaria with regard to damage suffered by American
nationals, passengers on board an aircraft of El Al Israel Airlines Ltd.,
which was destroyed on July 27th, 1955, by Bulgarian fighter aircraft;
Whereas the Application recites, on the one hand, that the United States of
America submits to the Court's jurisdiction for the purposes of this case;
and, on the other hand, that Bulgaria accepted the compulsory jurisdiction
of the Court by virtue of the signature of its representative to the
Protocol of Signature of the Statute of the Permanent Court of International
Justice-and that that acceptance became effective as to the jurisdiction of
the Court by virtue of Article 36, paragraph 5, of the Statute of the Court,
upon the date of admission of Bulgaria into the United Nations;
Whereas, by letter of October 28th, 1957, handed to the Registrar at the
same time as the Application, the Ambassador to the Netherlands of the
United States of America announced that Mr. Loftus E. Becker, the Legal
Adviser of the Department of State, had been appointed as Agent for the
Government of the United States and that his address for service was the
Embassy of the United States at The Hague;
Whereas the Minister for Foreign Affairs of Bulgaria was, on October 28th,
1957, notified by telegram of the filing of the Application, a copy of
which 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, by telegram of November 14th, 1957, the Minister for Foreign
Affairs of Bulgaria acknowledged receipt of the Application and stated that,
while reserving the right to raise the preliminary question of the
jurisdiction of the Court, he would inform the Court without delay of the
name of the Agent for his Government and of his address for service at the
seat of the Court;
Whereas, on November 15th, 1957, the Agent for the Government of the United
States of America was notified by letter and the Minister for Foreign
Affairs of Bulgaria by telegram that the Vice-President, Acting President in
this case, proposed, pursuant to Article 37, paragraph 1, of the Rules, to
receive the Agents or their representatives on November 20th, 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 18th, 1957, the Minister for Foreign
Affairs of Bulgaria requested the postponement of the meeting;
Whereas, on November 19th, 1957, the Ambassador to the Netherlands of the
United States of America was notified by letter and [p 188] the Minister for
Foreign Affairs of Bulgaria by telegram that the meeting would be postponed
until November 25th, 1957;
Whereas, by telegram of November 23rd, 1957, the Minister for Foreign
Affairs of Bulgaria acknowledged receipt of the telegram of November 19th
and 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 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 Government
of the United States of America 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 States of America;
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 States of America and to the Government of the People's Republic
of Bulgaria, respectively.
(Signed) A. Badawi,
Vice-President.
(Signed) J. Lopez Olivan,
Registrar. |
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