22 January 1985

 

General List No. 70

 
     

international Court of Justice

     
 

Military and Paramilitary Activities in and against Nicaragua

 
     

Nicaragua

 

v. 

United States

     
     
 

Order

 
     
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BEFORE: President: T. O. Elias
   
PermaLink: http://www.worldcourts.com/icj/eng/decisions/1985.01.22_military_paramilitary.htm
   
Citation: Military and Paramilitary Activities in and against Nicaragua (Nicar. v. U.S.), 1985 I.C.J. 3 (Order of Jan. 22)
 
     
 
 
     
 

[p.3]
The President of the International Court of Justice,

Having regard to Article 48 of the Statute of the Court and to Articles 31, 44 and 45 of the Rules of Court;

Having regard to the Order of 10 May 1984 by which the Court decided, inter alia, that the written proceedings should first be addressed to the questions of the jurisdiction of the Court to entertain the dispute and of the admissibility of the Application;

Having regard to the Order of 14 May 1984, by which the President of the Court fixed time-limits for the filing of a Memorial by the Republic of Nicaragua and a Counter-Memorial by the United States of America on the questions of jurisdiction and admissibility, which pleadings were duly filed within the time-limits fixed;

Having regard to the Judgment of 26 November 1984, by which the Court, after hearing the oral arguments of the Parties, has found that it has jurisdiction to entertain the case and that the Application filed by the Republic of Nicaragua on 9 April 1984 is admissible;

Whereas a meeting between the President and the Agents for the purpose of ascertaining the views of the Parties was held on 27 November 1984;

Whereas by a letter dated 18 January 1985 the Agent of the United States of America informed the Registrar that, notwithstanding the Court's Judgment of 26 November 1984, the United States is of the view that "the Court is without jurisdiction to entertain the dispute, and that the Nicaraguan application of 9 April 1984 is inadmissible", and that accord- [p 4]ingly "the United States intends not to participate in any further proceedings in connection with this case";

Whereas on 22 January 1985 the Agent of Nicaragua informed the Court that his Government maintained its Application and availed itself of the rights provided for in Article 53 of the Statute whenever one of the parties does not appear before the Court or fails to defend its case;

Whereas time-limits have now to be fixed for the written proceedings on the merits,

Fixes such time-limits as follows:

30 April 1985 for the Memorial of the Republic of Nicaragua on the merits;

31 May 1985 for the Counter-Memorial of the United States of America;

And 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 twenty-second day of January, one thousand nine hundred and eighty-five, in three copies, one of which will be placed in the archives of the Court, and the others transmitted to the Government of the Republic of Nicaragua and to the Government of the United States of America, respectively.

(Signed) T.O. Elias,
President.

(Signed) Santiago Torres Bernárdez,
Registrar.

 
     

 

 

 

 

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