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[p.9]
The President of the International Court of Justice,
Having regard to Articles 41 and 48 of the Statute of the Court,
Having regard to Articles 73 and 74 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,
Having regard to the Order made by the Court on 22 October 1986 by which the
Court, taking note that the Government of Honduras had informed the Court
that in its view the Court had no jurisdiction over the matters raised by
the Application, decided that the first pleading should be a Memorial by
Honduras dealing exclusively with the issues of jurisdiction and
admissibility, and that Nicaragua should in reply submit a Counter-Memorial
confined to the same issues;
Whereas a Memorial and Counter-Memorial on the issues of jurisdiction and
admissibility were duly filed within the time-limits fixed by the Court
therefor, and the case became ready for hearing on 23 June 1987, but the
opening of the oral proceedings has been adjourned, by agreement between the
Parties with the approval of the Court; [p 10]
Having regard to the request dated 21 March 1988, and filed in the Registry
the same day, whereby the Republic of Nicaragua, relying on Article 41 of
the Statute and Article 73 of the Rules of Court, requested the Court to
indicate "the interim measures of protection appropriate in the
circumstances resulting from the recent actions of the Honduran Government
directed against the armed forces and territorial sovereignty of Nicaragua",
and specified, in accordance with Article 73, paragraph 2, of the Rules of
Court, the measures requested;
Whereas a certified copy of the said request was forthwith transmitted by
the Registrar to the Government of Honduras, and on 24 March 1988 the
Registrar informed the Parties that the President of the Court would hold a
meeting with the Agents, on 29 March 1988 (subsequently postponed to 1
April 1988), in order to ascertain their views on the procedure, and
recalled that the decision on such a request was required to be reached as a
matter of urgency, and that the Court or the President was required by the
Rules of Court to fix a date for a hearing on the request;
Whereas by a letter dated 31 March 1988, and received in the Registry the
same day, a copy of which was forthwith transmitted by the Registrar to the
Agent of Honduras, the Agent of Nicaragua informed the Court that, for the
reasons set out in his letter, the Government of Nicaragua had instructed
him to withdraw the request for the indication of provisional measures ;
Places on record the withdrawal by the Republic of Nicaragua of its request
for the indication of provisional measures.
Done in English and in French, the English text being authoritative, at the
Peace Palace, The Hague, this thirty-first day of March, one thousand nine
hundred and eighty-eight, 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 Republic of Honduras,
respectively.
(Signed) Jose Maria Ruda,
President.
(Signed) Eduardo Valencia-Ospina,
Registrar. |
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