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[p.6]
The Judge discharging the duties of President of the International Court of
Justice under Article 12 of the Rules of Court,
Having regard to Articles 40 and 48 of the Statute of the Court and to
Articles 32 and 37 of the Rules of Court,
Whereas, by a letter of 16 February 1967, received in the Registry on 20
February 1967, the Minister of Foreign Affairs of the Kingdom of the
Netherlands transmitted to the Registrar an original copy, signed at Bonn on
2 February 1967 for the Government of the Federal Republic of Germany and
the Government of the Netherlands, of a Special Agreement for the submission
to the International Court of Justice of a difference between the Federal
Republic of Germany and the Netherlands concerning the delimitation, as
between the Federal Republic of Germany and the Netherlands, of the
continental shelf in the North Sea;
Whereas the Netherlands Minister of Foreign Affairs also attached to his
letter an original copy, signed at Bonn on 2 February 1967, of a Protocol to
which the Governments of the Federal Republic of Germany and the Netherlands
are parties, in which provision is made for the notification by the
Netherlands Government of the said Special Agreement to the International
Court of Justice; [p7]
Whereas Article 3 of the Special Agreement provides for its entry into force
on the day of signature thereof;
Whereas, by his said letter of 16 February 1967, the Netherlands Minister of
Foreign Affairs informed the Registrar of the appointment of Professor W.
Riphagen, Legal Adviser to the Ministry of Foreign Affairs, as Agent of the
Netherlands;
Whereas, by a letter dated 20 February 1967, the Government of the Federal
Republic of Germany was duly informed of the notification of the Special
Agreement;
Whereas, by a letter of 1 March 1967, the Ambassador of the Federal Republic
of Germany to the Netherlands informed the Registrar of the appointment of
Professor Dr. Gunther Jaenicke, of the Johann Wolfgang Goethe University, as
Agent of the Federal Republic of Germany;
Whereas Article 2 of the Special Agreement recites the agreement of the
Parties that, without prejudice to any question of burden of proof which
might arise, written pleadings should be presented to the Court in the order
stated below:
(1) a Memorial of the Federal Republic of Germany to be submitted within six
months from the notification of the Special Agreement;
(2) a Counter-Memorial of the Netherlands to be submitted within six months
from the delivery of the German Memorial;
(3) a German Reply followed by a Netherlands Rejoinder to be delivered
within such time-limits as the Court may order;
Taking this agreement into account, as provided for by paragraph 3 of
Article 37 of the Rules of Court,
Fixes 21 August 1967 as the time-limit for the filing of the Memorial of the
Federal Republic of Germany and 20 February 1968 as the time-limit for the
filing of the Counter-Memorial of the Netherlands;
Reserves the subsequent procedure for further decision.
Done in English and in French, the English text being authoritative, at the
Peace Palace, The Hague, this eighth day of March, one thousand nine hundred
and sixty-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
Federal Republic of Germany and to the Government of the Kingdom of the
Netherlands respectively.
(Signed) Gerald Fitzmaurice,
Discharging the duties of President.
(Signed) S. Aquarone,
Registrar. |
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