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[p.149]
The International Court of Justice,
Composed as above,
After deliberation.
Makes the following Order:
Having regard to Articles 40 and 48 of the Statute of the Court,
Having regard to Articles 38, 39,44 and 46 of the Rules of Court; and
Whereas on 31 August 1990 the Government of the Socialist People's Libyan
Arab Jamahiriya filed in the Registry of the Court a notification, under
Article 40, paragraph 1, of the Statute of the Court, of an agreement
entitled "Framework Agreement on the Peaceful Settlement of the Territorial
Dispute between the Great Socialist People's Libyan Arab Jamahiriya and the
Republic of Chad", done in the Arabic and French languages at Algiers on 31
August 1989, a copy of which was annexed to the notification;[p 150]
Whereas the Framework Agreement provides, in Article 1, that
"The two Parties undertake to settle first their territorial dispute by all
political means, including conciliation, within a period of approximately
one year, unless the Heads of State otherwise decide"
and, in Article 2, that
"In the absence of a political settlement of their territorial dispute, the
two Parties undertake:
(a) to submit the dispute to the International Court of Justice...";
Whereas according to the notification
"the question put to the Court may be defined in the following terms:
'In further implementation of the Accord-Cadre [Framework Agreement], and
taking into account the territorial dispute between the Parties, to decide
upon the limits of their respective territories in accordance with the rules
of international law applicable in the matter'";
Whereas it was stated in the notification that Mr. Abdulati Ibrahim El-Obeidi
was appointed as Agent of the Libyan Arab Jamahiriya in the case;
Whereas on 31 August 1990 a certified copy of the notification and annex
was, in accordance with Article 39, paragraph 1, of the Rules of Court,
communicated by the Deputy-Registrar to the Government of Chad;
Whereas on 1 September 1990 a telefax communication was received in the
Registry of the Court from the Embassy of the Republic of Chad in Brussels
setting out the text of an Application by Chad instituting proceedings
against the Socialist People's Libyan Arab Jamahiriya; whereas that
Application was based on Article 2 (a) of the "Framework Agreement" and
subsidiarily on Article 8 of a Franco-Libyan Treaty of Friendship and Good
Neighbourliness of 10 August 1955;
Whereas by that Application the Republic of Chad
"respectfully requests the Court to determine the course of the frontier
between the Republic of Chad and the Libyan Arab Jamahiriya, in accordance
with the principles and rules of international law applicable in the matter
as between the Parties";
Whereas it was stated in the Application that Mr. Abderahman Dadi was
appointed as Agent of the Republic of Chad in the case, and [p 151]whereas
Mr. Abdoulaye Lamana was subsequently appointed as Co-Agent;
Whereas on 3 September 1990 the Ambassador of the Republic of Chad to the
Netherlands filed in the Registry of the Court the original of the said
Application;
Whereas the same day a certified copy of the Application was, in accordance
with Article 38, paragraph 4, of the Rules of Court, transmitted by the
Registrar to the Libyan Arab Jamahiriya;
Whereas by a letter dated 28 September 1990, received in the Registry by
telefax the same day, and received in original on 5 October 1990, the Agent
of Chad informed the Court (inter alia) that his Government had noted that
"its claim coincides with that contained in the notification addressed to
the Court on 31 August 1990 by the Libyan Arab Jamahiriya" and considered
that
"those two notifications relate to one single case, referred to the Court in
application of the Algiers Agreement, which constitutes the Special
Agreement, the principal basis of the Court's jurisdiction to deal with the
matter";
Whereas a copy of the letter of 28 September 1990 was transmitted by the
Deputy-Registrar to the Agent of the Libyan Arab Jamahiriya;
Whereas at a meeting between the President of the Court and representatives
of the Parties held on 24 October 1990 it was agreed between the Agents of
the Parties that the proceedings in the present case had in effect been
instituted by two successive notifications of the Special Agree-ment
constituted by the "Framework Agreement" of 31 August 1989,that filed by the
Libyan Arab Jamahiriya on 31 August 1990, and the communication from the
Republic of Chad filed on 3 September 1990 read in conjunction with the
letter from the Agent of Chad of 28 September 1990, and that the procedure
in the case should be determined by the Court on that basis, pursuant to
Article 46, paragraph 2, of the Rules of Court;
Having ascertained the views of the Parties as to the time-limits for the
written proceedings;
Decides that, as provided in Article 46, paragraph 2, of the Rules of Court,
each Party shall file a Memorial and Counter-Memorial, within the same
time-limit;
Fixes 26 August 1991 as time-limit for the Memorials; and
Reserves the subsequent procedure for further decision.
Done in French and in English, the French text being authoritative, at the
Peace Palace, The Hague, this twenty-sixth day of October, one thou-[p
152]sand nine hundred and ninety, in three copies, one of which will be
placed in the archives of the Court and the others transmitted to the
Government of the Socialist People's Libyan Arab Jamahiriya and the
Government of the Republic of Chad, respectively.
(Signed) Jose Maria Ruda,
President.
(Signed) Eduardo Valencia-Ospina,
Registrar.
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