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[p.3]
The Vice-President of the International Court of Justice,
Having regard to Article 48 of the Statute of the Court and to Articles 13,
44 and 46 of the Rules of Court,
Whereas by a letter dated 25 November 1978, filed in the Registry of the
Court on 1 December 1978, the Minister for Foreign Affairs of the Republic
of Tunisia transmitted to the Registrar a certified true copy of a Special
Agreement drawn up in the Arabic language between the Republic of Tunisia
and the Socialist People's Libyan Arab Jamahiriya and signed at Tunis on 10
June 1977, by which they agreed to have recourse to the Court concerning the
question of the continental shelf between the two countries, together with a
translation thereof into French certified as accurate;
Whereas the Minister for Foreign Affairs of Tunisia also enclosed with his
letter the procès-verbal of the exchange of instruments of ratification of
the Special Agreement, which took place at Tripoli on 27 February 1978;
Whereas by Article 5 the Special Agreement provided for its entry into force
on the date on which the instruments of its ratification were exchanged and
for its notification to the Court by both Parties or by either of them;
Whereas in the said letter the Minister for Foreign Affairs of Tunisia
stated that Mr. Slim Benghazi, Ambassador of Tunisia in The Hague, had been
appointed Agent, and Mr. Sadok Belaid, Professor in the Faculty of Law of
Tunis, had been appointed Co-Agent and counsel for the purposes of the case;
Whereas, in accordance with Article 39, paragraph 1, of the Rules of [p 4]
Court, by a telegram and letter of 1 December 1978, the Registrar informed
the Government of the Libyan Arab Jamahiriya of the notification of the
Special Agreement and recalled the provisions of Article 40, paragraphs 1
and 3, of the Rules regarding the appointment of an Agent;
Whereas by a letter dated 14 February 1979, filed in the Registry of the
Court on 19 February 1979, the Secretary for Foreign Affairs of the
Socialist People's Libyan Arab Jamahiriya transmitted to the Registrar a
certified true copy in Arabic of the aforementioned Special Agreement of 10
June 1977, together with a translation thereof into English certified as
accurate;
Whereas in the said letter the Secretary for Foreign Affairs of the
Socialist People's Libyan Arab Jamahiriya stated that Ambassador Kamel H. El
Maghur and Mr. Suleiman A. Ateiga, Minister Plenipotentiary in the Permanent
Mission of the Jamahiriya in Geneva, had been appointed Agent and Co-Agent
for the purposes of the case;
Whereas the views of the Parties with regard to questions of procedure are
set out in Article 4 of the Special Agreement, in paragraph B of which they
recorded their agreement that without prejudice to any question that may
arise relating to the means of proof, the written pleadings shall consist of
the following documents:
"(1) Memorials to be submitted to the Court and exchanged between the two
Parties within a period not exceeding eighteen (18) months from the date of
the notification of the present Special Agreement to the Registrar of the
Court.
(2) Counter-Memorials to be submitted by both Parties to the Court and
exchanged between them as follows: The Republic of Tunisia shall submit its
Counter-Memorial within a period of six (6) months from the date on which it
receives from the Court notification of the Memorial; the Socialist People's
Libyan Arab Jamahiriya shall submit its Counter-Memorial within a period of
eight (8) months from the date on which it receives from the Court
notification of the Memorial.
(3) If necessary, additional written pleadings to be submitted to the Court
and exchanged within periods to be fixed by the Court at the request of
either Party or, if the Court so decides, after consultation between the
two Parties";
Taking this agreement into account, as provided by paragraph 2 of Article 44
of the Rules of Court;
Fixes 30 May 1980 as the time-limit for the filing of the Memorials of the
Republic of Tunisia and the Socialist People's Libyan Arab Jamahiriya;
Done in English and in French, the English text being authoritative, at the
Peace Palace, The Hague, this twentieth day of February one thousand nine
hundred and seventy-nine, in three copies, one of which will be [p 5] placed
in the archives of the Court, and the others transmitted to the Government
of the Republic of Tunisia and to the Government of the Socialist People's
Libyan Arab Jamahiriya respectively.
(Signed) Nagendra Singh,
Vice-President.
(Signed) S. Aquarone,
Registrar. |
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