26 June 1958

 

General List No. 34

 
     

international Court of Justice

     
 

Interhandel

 
     

Switzerland

 

v. 

United States

     
     
 

Order

 
     
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BEFORE: President: Helge Klaestad
   
PermaLink: http://www.worldcourts.com/icj/eng/decisions/1958.06.26_interhandel.htm
   
Citation: Interhandel, Switzerland v. U.S., Order, 1958 I.C.J. 31 (June 26)
 
     
 
 
     
 

[p31]

The President of the International Court of Justice,

having regard to Article 48 of the Statute of the Court,

having regard to Article 62 of the Rules of Court;

Having regard to the Order of October 24th, 1957, in the Interhandel case, fixing the time-limits for the filing of the Memorial and Counter-Memorial (or Preliminary Objections) and reserving the rest of the procedure for further decision;

Having regard to the Order of January 15th, 1958, whereby, on the joint request of the Parties, expressed in letters from the Agents both dated January 10th, 1958, the time-limits for the filing of the Memorial and Counter-Memorial (or Preliminary Objections) were extended to April 1st and June 16th respectively, the subsequent procedure remaining reserved for further decision;

Whereas within the first of these time-limits, the Government of the Swiss Confederation filed its Memorial and whereas within the second time-limit the Government of the United States of America filed a document setting forth certain preliminary objections to the jurisdiction of the Court;

Whereas accordingly, by virtue of the provisions of Article 62, paragraph 3 of the Rules of Court, the proceedings on the merits are suspended and a time-limit should be fixed for the presentation [p 32] by the other Party of a written statement of its Observations and Submissions in regard to the said Preliminary Objections;

Whereas in their letters of January 10th, 1958, upon which the Order of January 15th, 1958, was made, the Agents of the Parties both referred to August 1st as the time-limit for the filing of this Pleading;

Whereas however, by a letter dated June 18th, 1958, a copy of which was transmitted on June 19th to the Agent of the Government of the United States of America, the Agent of the Government of the Swiss Confederation requested that October 1st, 1958, should be fixed as the time-limit;

Whereas, in support of his request, he relied upon the fact that it was agreed between the Agents that they would consult each other with a view to reaching an agreement regarding this time-limit, which agreement was established by an exchange of letters dated February 7th, 1958, in the case of Switzerland and February 25th, 1958, in the case of the acceptance of the United States of America, copies of which he transmitted to the Registry; whereas he also relied upon the complexity of the questions raised in the Preliminary Objections as well as the novel character of one of the Objections;

Whereas by a letter dated June 25th, 1958, the Charge d'affaires ad interim of the United States of America to the Netherlands stated that his Government had agreed to the request of the Agent of the Government of the Swiss Confederation;

Fixes September 22nd, 1958, as the time-limit within which the Government of the Swiss Confederation may present a written statement of its Observations and Submissions in regard to the Preliminary Objections raised by the Government of the United States of America.

Done in French and in English, the French text being authoritative, at the Peace Palace, The Hague, this twenty-sixth day of June, one thousand nine hundred and fifty-eight, in three copies, one of which will be placed in the archives of the Court and the others transmitted to the Government of the Swiss Confederation and to the Government of the United States of America, respectively.

(Signed) Helge Klaestad,
President.

(Signed) J. Lopez Olivan,
Registrar.

 
     

 

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