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[p.551]
The International Court of Justice,
Composed as above,
Having regard to Article 48 of the Statute of the Court,
Having regard to Articles 31, 40, 44, 48 and 79 of the Rules of Court,
Having regard to the Application filed by the Republic of Nicaragua in the
Registry of the Court on 28 July 1986, instituting proceedings against the
Republic of Honduras;
Whereas the Republic of Honduras was on the same day informed by telegram of
the filing of the Application, and of the submissions made therein, and was
immediately sent a copy of it;
Whereas in a letter dated 29 August 1986 the Minister for External Relations
of Honduras informed the Court that in his Government's view it had no
jurisdiction over the matters raised by the Application, and [p 552]
expressed the hope that the Court would first confine the written
proceedings to the issues of jurisdiction and admissibility;
Whereas the Parties have appointed as agents their respective Ambassadors
in The Hague, namely Mr. Carlos Arguello Gómez for the Republic of Nicaragua
and Mr. Mario Carias for the Republic of Honduras;
Whereas the Parties are agreed that the issues of jurisdiction and
admissibility should be dealt with at a preliminary stage of the
proceedings;
Whereas it is necessary for the Court to be informed at that stage of all
the contentions and evidence of fact and law on which the Parties rely in
that connection;
Taking into account the agreement concerning the procedure expressed by the
Parties, consulted under Article 31 of the Rules;
Decides that the first pleading shall be a Memorial by the Republic of
Honduras dealing exclusively with the issues of jurisdiction and
admissibility, and that the Republic of Nicaragua shall in reply submit a
Counter-Memorial confined to the same issues;
Fixes the following time-limits for the filing of those pleadings:
23 February 1987 for the Memorial of Honduras;
22 June 1987 for the Counter-Memorial of Nicaragua;
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 October, one thousand
nine hundred and eighty-six, in three copies, of which one 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 Republic of
Honduras, respectively.
(Signed) Nagendra Singh,
President.
(Signed) Santiago Torres Bernárdez,
Registrar. |
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