9 September 1959

 

General List No. 36

 
     

international Court of Justice

     
 

Aerial Incident of July 27th 1955

 
     

United States

 

v. 

Bulgaria

     
     
 

Order

 
     
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BEFORE: President: Helge Klaestad
   
PermaLink: http://www.worldcourts.com/icj/eng/decisions/1959.09.09_aerial_incident_USA.htm
   
Citation: Aerial Incident of July 27th 1955 (U.S. v. Bulg.), 1959 I.C.J. 270 (Order of Sept. 9)
 
     
 
 
     
 

[p.270]
The President of the International Court of Justice,

having regard to Article 48 of the Statute of the Court and to Article 62 of the Rules of Court;

Having regard to the Application filed in the Registry on 28 October 1957 whereby the Government of the United States of America instituted proceedings against the Government of the People's Republic of Bulgaria;

Having regard to the Order of 26 November 1957 fixing 2 June 1958 as the time-limit for the filing of the Memorial of the Government of the United States of America;

Having regard to the Order of 27 January 1958 fixing 9 December 1958 as the time-limit for the filing of the Counter-Memorial of the Government of the People's Republic of Bulgaria;

Having regard to the Order of 19 May 1958 extending to 2 September 1958 the time-limit fixed for the filing of the Memorial of the Government of the United States of America and to 9 June 1959 the time-limit for the filing of the Counter-Memorial of the Government of the People's Republic of Bulgaria;

Having regard to the Order of 12 August 1958, whereby the time-limit previously fixed for the Memorial of the Government of the United States of America at 2 September 1958 was extended
[p 271] to 2 December 1958, the time-limit for the Counter-Memorial of the Government of the People's Republic of Bulgaria remaining fixed at 9 June 1959;

Having regard to the Memorial filed by the Government of the United States of America within the time-limit fixed;

Having regard to the Order of 8 October 1958 extending to 9 September 1959 the time-limit fixed for the filing of the Counter-Memorial of the Government of the People's Republic of Bulgaria;

Whereas, within the time-limit so fixed, the Government of the People's Republic of Bulgaria filed a document setting forth certain Preliminary Objections and asking the Court to adjudge and declare that the Court is without jurisdiction in the case concerning the Aerial incident of 27 July 1955 and that the Application of the Government of the United States of America, filed in the Registry of the Court on 28 October 1957, is inadmissible;

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 has to be fixed for the presentation by the other Party of a written statement of its Observations and Submissions on the Preliminary Objections;

Fixes 9 November 1959 as the time-limit within which the Government of the United States of America may present a written statement of its Observations and Submissions on the Objections raised by the Government of the People's Republic of Bulgaria.
Done in French and in English, the French text being authoritative, at the Peace Palace, The Hague, this ninth day of September one thousand nine hundred and fifty-nine, 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) Helge Klaestad,
President.

(Signed) Garnier-Coignet,
Deputy-Registrar.

 
     

 

 

 

 

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