8 March 1967

 

General List No. 52

 
     

international Court of Justice

     
 

North Sea Continental Shelf

 
     

Germany

 

v. 

Netherlands

     
     
 

Order

 
     
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BEFORE: President: Fitzmaurice
   
PermaLink: http://www.worldcourts.com/icj/eng/decisions/1967.03.08_continental_shelf2.htm 
   
Citation: North Sea Continental Shelf (F.R.G. v. Neth.), 1967 I.C.J. 6 (Order of Mar. 8)
   
Represented By: Netherlands: Professor W. Riphagen;
Germany: Professor Dr. Gunther Jaenicke.
 
     
 
 
     
 

 [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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