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[p188]
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 of
the Rules of Court,
Having regard to the Judgment delivered by the Court on 27 June 1986 by
which it found (inter alia) that the United States of America was under an
obligation to make reparation to the Republic of Nicaragua for all injury
caused to Nicaragua by certain breaches of obligations under customary
international law and treaty-law committed by the United States of America,
Whereas by the said Judgment the Court decided that the form and amount of
such reparation, failing agreement between the Parties, would [p 189]e
settled by the Court, and reserved, for that purpose, the subsequent
procedure in the case;
Makes the following Order:
Whereas by a letter dated 7 September 1987 the Agent of Nicaragua, referring
to the said Judgment and to the communication from the United States dated
18 January 1985, quoted in paragraph 10 of that Judgment, to the effect that
the United States intended not to participate in any further proceedings in
connection with the case, stated that Nicaragua considered that the case
still remained within Article 53 of the Statute of the Court, and that that
Article was still in operation;
Whereas in the said letter it was further stated that no agreement had been
reached between the Parties as to the form and amount of the reparation,
and that Nicaragua wished to take the opportunity afforded it by the Court
to satisfy the Court that the nature and amount of the reparation it claims
was well founded in fact and law, and that Nicaragua requested the Court to
make the necessary orders for the conduct of the case;
Whereas a copy of the letter of 7 September 1987 was forthwith transmitted
to the Government of the United States of America, and both Parties were
informed that the President of the Court would hold a meeting, on a date to
be announced, in accordance with Article 31 of the Rules of Court, for the
purpose of ascertaining the views of the Parties on the procedure to be
followed;
Whereas by a letter dated 13 November 1987 the Deputy-Agent of the United
States informed the Registrar that the United States remained of the view
that the Court was without jurisdiction to entertain the dispute and that
the Nicaraguan Application was inadmissible, and that accordingly the United
States would not be represented at the said meeting; and whereas the
meeting was held, after due notice to the Parties, on 17 November 1987, and
was attended by the Agent of Nicaragua, but no representative of the United
States was present;
Having ascertained the views of the Government of Nicaragua and having
afforded the Government of the United States of America an opportunity of
stating its views,
The Court
Fixes as follows the time-limits for written proceedings on the question of
the form and amount of reparation to be made in this case:
29 March 1988 as the time-limit for the Memorial of the Republic of
Nicaragua;
29 July 1988 as the time-limit for the Counter-Memorial of the United States
of America;
And reserves the subsequent procedure for further decision.[p 190]
Done in English and in French, the English text being authoritative, at the
Peace Palace, The Hague, this eighteenth day of November, one thousand nine
hundred and eighty-seven, 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 the Government of the United States of
America, respectively.
(Signed) Nagendra Singh,
President.
(Signed) Eduardo Valencia-Ospina,
Registrar. |
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