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[p.15]
The International Court of Justice,
Composed as above,
After deliberation,
Having regard to Article 48 of the Statute of the Court, and to Article 44,
Article 46 and Article 92, paragraph 1, of the Rules of Court,
Having regard to the Special Agreement concluded on 29 March 1979, and
subsequently altered, between Canada and the United States of America to
submit to a chamber of the Court the delimitation of the maritime boundary
in the Gulf of Maine area,
Having regard to the Order of 20 January 1982 acceding to the request of the
Parties to form a special chamber of five judges to deal with the case, and
declaring a chamber to have been duly constituted to that effect,
Makes the following Order:
Whereas Article VI, paragraph 1, of the Special Agreement recites in terms
the agreement of the Parties that, without prejudice to any question as to
burden of proof, the following procedure should be observed with regard to
the written pleadings: [p 16]
(a) a Memorial to be submitted by each Party not later than seven months
after the Registrar shall have received notification of the name of the
judge ad hoc,
(b) a Counter-Memorial to be submitted by each Party not later than six
months after the exchange of Memorials, and
(c) any further pleadings found by the Chamber to be necessary;
Whereas the Registrar on 26 January 1982 received notification of the name
of the judge ad hoc chosen by the Government of Canada to sit in the case;
Having consulted the Chamber and ascertained the views of the Parties,
The Court,
by ten votes to two,
In favour: Acting President Elias; Judges Forster, Gros, Lachs, Nagendra
Singh, Mosler, Oda, Ago, Sette-Camara, Schwebel:
Against: Judges Morozov and El-Khani;
Judge ad hoc Cohen expressed support for the Order which the Court had just
adopted;
Fixes 26 August 1982 as the time-limit for the filing of the Memorials of
Canada and the United States of America;
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 first day of February, one thousand nine
hundred and eighty-two, in three copies, one of which will be placed in the
archives of the Court, and the others transmitted to the Government of
Canada and to the Government of the United States of America, respectively.
(Signed) T.O. Elias,
Acting President
(Signed) Santiago Torres Bernárdez,
Registrar. |
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