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[p. 9]
The International Court of Justice,
composed as above, after deliberation,
having regard to Article 48 of the Statute of the Court,
having regard to Article 31, paragraph 5, of the Statute of the Court,
and to Article 3, paragraph 2, of the Rules of Court, having regard to the
Orders of 8 March 1967 and to the Orders of 1 March 1968,
10
NORTH SEA CONTINENTAL SHELF (ORDER OF 26 IV 68)
makes the following Order:
Having regard to the Special Agreements between the Governments of Denmark
and of the Federal Republic of Germany, on the one hand, and between the
Governments of the Federal Republic of Germany and of the Netherlands on the
other hand, both signed at Bonn on 2 February 1967 and filed in the Registry
on 20 February 1967;
Having regard to the Protocol signed on the same date on behalf of the three
Governments, which Protocol contains the following two paragraphs:
"(2) After the notification in accordance with item (1) above the parties
will ask the Court to join the two cases.
(3) The three Governments agree that for the purpose of appointing a judge
ad hoc, the Governments of the Kingdom of Denmark and the Kingdom of the
Netherlands shall be considered to be parties in the same interest within
the meaning of Article 31, paragraph 5, of the Statute of the Court."
Having regard to the letters dated 9 and 12 February 1968, respectively, by
which the Agents of the Governments of the Netherlands and of Denmark
notified to the Registry the name of the person chosen by the two
Governments to sit as Judge ad hoc in the cases concerning the disagreements
between those Governments and the Government of the Federal Republic of
Germany as described in the Special Agreements of 2 February 1967, noting,
however, that the choice of a Judge ad hoc was made before the Court had
taken the action required by Article 3, paragraph 2, of the Rules of Court;
Whereas all three Governments parties to the Protocol of 2 February 1967
have agreed that for the purpose of appointing a Judge ad hoc, the
Governments of Denmark and of the Netherlands shall be considered parties in
the same interest within the meaning of Article 31, paragraph 5, of the
Statute of the Court;
Whereas the Counter-Memorials submitted by the Governments of Denmark and of
the Netherlands confirm that the two Governments consider themselves to be
parties in the same interest since they have set out their submissions in
almost identical terms;
Whereas, accordingly, the Governments of Denmark and of the Netherlands are,
so far as the choice of a Judge ad hoc is concerned, to be reckoned as one
Party only;
THE COURT
Finds that the Governments of Denmark and of the Netherlands are in the same
interest;
Joins the proceedings in the cases between Denmark and the Federal Republic
of Germany and between the Federal Republic of Germany and the Netherlands;
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11 NORTH SEA CONTINENTAL SHELF (ORDER OF 26 IV 68)
6
In modification of the directions given in the two Orders dated 1 March
1968, concerning the filing of the Rejoinders, fixes 30 August 1968 as the
time-limit within which the Governments of Denmark and of the Netherlands
shall file a common Rejoinder.
Done in English and in French, the English text being authoritative, at the
Peace Palace, The Hague, this twenty-sixth day of April, one thousand nine
hundred and sixty-eight, in four copies, one of which will be placed in the
archives of the Court and the others transmitted to the Government of the
Kingdom of Denmark, to the Government of the Federal Republic of Germany and
to the Government of the Kingdom of the Netherlands, respectively.
(Signed) J. L. BUSTAMANTE R., President.
(Signed) S. AQUARONE, Registrar.
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