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[p .7]
The Chamber of the International Court of Justice formed to deal with the
above-mentioned case,
Composed as above,
After deliberation,
Having regard to Article 48 of the Statute of the Court,
Makes the following Order:
Having regard to Article IV of the Special Agreement concluded between the
Parties on 16 September 1983 for the submission of their frontier dispute
to a chamber of the Court, whereby the Parties agreed to effect the
demarcation of their common frontier in the disputed area within one year
following the Judgment of the Chamber, and to request the Chamber "to
nominate, in its Judgment, three experts to assist them in the demarcation
operation",
Having regard to the Judgment delivered by the Chamber on 22 December 1986,
paragraph 176 of which states:
"The Chamber is ready to accept the task which the Parties have entrusted to
it. However, having regard to the circumstances of the present case, the
Chamber is of the opinion that it is inappropriate at this juncture to make
the nomination requested by the Parties. It will do so later by means of an
Order, after ascertaining the views of the Parties, particularly as regards
the practical aspects of the exercise by the experts of their functions",[p
8]
Whereas the Parties are requesting the Chamber, not to order an expert
opinion within the meaning of Article 50 of the Statute of the Court, the
purpose of which would be "to assist the Court in giving judgment upon the
issues submitted to it for decision" (Application for Revision and
Interpretation of the Judgment of 24 February 1982 in the case concerning
the Continental Shelf (Tunisia/Libyan Arab Jamahiriya) (Tunisia v. Libyan
Arab Jamahiriya), I.C.J. Reports 1985, p. 228, para. 65), and any costs of
which would be borne by the Court under Article 68 of its Rules, but to
exercise a power, conferred upon it by the Special Agreement, of nominating
three persons whom the Parties have themselves decided to entrust with the
task of giving an expert opinion for the purpose of implementing the
Judgment of the Chamber;
Whereas there is nothing in the Statute of the Court nor in the settled
jurisprudence to prevent the Chamber from exercising this power, the very
purpose of which is to enable the Parties to achieve a final settlement of
their dispute in implementation of the Judgment which it has delivered;
The Chamber
1. Nominates, pursuant to Article IV, paragraph 3, of the Special Agreement,
the following three experts who will assist the Parties in the operation of
demarcation of their frontier in the disputed area:
Mr. Gilbert Mangin, of French nationality, conseiller at the Cour de
cassation of France;
Mr. Zaki Belca¿'d, of Algerian nationality, ingénieur des travaux
géographiques et cartographiques de l'Etat (Ecole nationale des sciences
géographiques de Paris);
Mr. Petrus Richardus, of Dutch nationality, Geodetic Consultant, former
Chief Scientist of the Agricultural University of Wageningen (Netherlands).
2. Authorises its President, in the event of a vacancy in the group of three
experts thus appointed, to nominate a substitute to carry out or complete
the demarcation.
Done in French and in English, the French text being authoritative, at the
Peace Palace, The Hague, this ninth day of April, one thousand nine hundred
and eighty-seven, in three copies, of which one will be placed in the
archives of the Court and the others transmitted respectively to the
Government of Burkina Faso and to the Government of the Republic of Mali.
(Signed) Mohammed Bedjaoui,
President of the Chamber.
(Signed) Eduardo Valencia-Ospina,
Registrar. |
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