20 May 1961

 

General List No. 46 and No. 47

 
     

International Court of justice

     

Ethiopia & Liberia

 

v.

Union of South Africa

     
 

South West Africa

 
     
 

Order

 
     
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BEFORE: PRESIDENT: B. Winiarski
VICE PRESIDENT: Alfaro
JUDGES: Badawi; Moreno Quintana; Wellington Koo; Spiropoulos; Sir Percy Spender; Sir Gerald Fitzmaurice; Koretsky; Tanaka; Bustamante Y Rivero; Morelli
   
PermaLink: http://www.worldcourts.com/icj/eng/decisions/1961.05.20_South_West_Africa2.htm
   
Citation: South West Africa Cases (Eth. v. Union of S. Afr.; Liber. v. Union of S. Afr.), 1961 I.C.J. 13 (Order of May. 20)
   
 
     
 
 
     
  MAKES THE FOLLOWING ORDER:

[1] Having regard to the Application filed in the Registry on 4 November 1961 on behalf of the Government of Ethiopia, instituting proceedings before the Court against the Union of South Africa relating to a dispute concerning the interpretation and application of the Mandate for South West Africa;

[2] Having regard to the Application filed in the Registry on the same date and at the same time on behalf of the Government of Liberia, instituting proceedings before the Court against the Union of South Africa relating to a dispute concerning the interpretation and application of the said Mandate;

[3] Having regard to the Order of 13 January 1961 in the South West Africa case (Ethiopia v. Union of South Africa) and the Order of the same date in the South West Africa case (Liberia v. Union of South Africa), fixing time-limits for the filing of the Memorials and the Counter-Memorials in these cases;

[4] Having regard to the Memorial filed on behalf of the Government of Ethiopia within the time-limit so fixed;

[5] Having regard to the Memorial filed on behalf of the Government of Liberia within the same time-limit;

[6] Having regard to the letters of 28 March 1961 by which respectively the Agent for the Government of Ethiopia requested that a time-limit be fixed within which that Government might notify its intention to exercise its right to choose a Judge ad hoc and might state the name of the person chosen; and the Agent for the Government of Liberia formulated a similar request in respect of that Government;

[7] Whereas all Governments which, in proceedings before the Court, come to the same conclusion, must be held to be in the same interest;

[8] Whereas the submissions set out in the Applications are mutatis mutandis identical, and the texts of the Applications themselves are, except in a few minor respects, identical;

[9] Whereas the submissions set out in the Memorials are mutatis mutandis identical, and the texts of the Memorials themselves are, except in a few minor respects, identical;

[10] Whereas, accordingly, for the purposes of the present case, the Governments of Ethiopia and Liberia are in the same interest before the Court and are therefore, so far as the choice of a Judge ad hoc is concerned, to be reckoned as one party only;

THE COURT

[11] Joins the proceedings instituted by the Applications of the Government of Ethiopia and the Government of Liberia;

[12] Finds that the Government of Ethiopia and the Government of Liberia are in the same interest;

[13] Fixes 15 November 1961 as the time-limit within which the Government of Ethiopia and the Government of Liberia, acting in concert, may choose a single Judge ad hoc.

[14] Done in English and in French, the English text being authoritative, at the Peace Palace, The Hague, this twentieth day of May, one thousand nine hundred and sixty-one, in four copies, one of which will be placed in the archives of the Court and the others transmitted to the Government of Ethiopia, to the Government of Liberia and to the Government of the Union of South Africa, respectively.

(Signed) B. Winiarski,
President.

(Signed) Garnier-Coignet,
Registrar.
 
     

 

 

 

 

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