28 April 1995

 

General List No. 87

 
     

international Court of Justice

     
 

Maritime Delimitation and Territorial Questions between Qatar and Bahrain

 
     

Qatar

 

v. 

Bahrain

     
     
 

Order

 
     
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BEFORE: President: Bedjaoui
   
PermaLink: http://www.worldcourts.com/icj/eng/decisions/1995.04.28_delimitation.htm
   
Citation: Maritime Delimitation and Territorial Questions between Qatar and Bahrain (Qatar v. Bahr.), 1995 I.C.J. 83 (Order of Apr. 28)
 
     
 
 
     
 

[p.83]
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 Order dated 11 October 1991, by which the President of the Court, having consulted the Parties in accordance with Article 31 of the Rules of Court, decided that the written pleadings should first be addressed to the questions of the jurisdiction of the Court to entertain the dispute and of the admissibility of the Application, and fixed time-limits for a Memorial by Qatar and a Counter-Memorial by Bahrain on those questions;

Having regard to the Order dated 26 June 1992, by which the Court, [p 84] considering that the filing of further pleadings by the Parties was necessary, directed that a Reply by Qatar and a Rejoinder by Bahrain be filed on the same questions;

Having regard to the Judgment of 1 July 1994, by which the Court found that the Exchanges of Letters of December 1987 between the King of Saudi Arabia and the Amirs of Qatar and Bahrain, and the Minutes signed at Doha on 25 December 1990, were international agreements creating rights and obligations for the Parties, and that, by the terms of those agreements, the Parties had undertaken to submit to it the whole of the dispute between them, as circumscribed by the "Bahraini formula"; decided to afford the Parties the opportunity to submit to it the whole of the dispute; fixed 30 November 1994 as the time-limit within which the Parties were jointly or separately to take action to that end; and reserved any other matters for subsequent decision;

Having regard to the Judgment dated 15 February 1995, by which the Court found that it has jurisdiction to adjudicate upon the dispute between Qatar and Bahrain which has been submitted to it; that it is now seised of the whole of the dispute; and that the Application of Qatar as formulated on 30 November 1994 is admissible;

Whereas in paragraph 39 of the Judgment that it delivered on 1 July 1994 the Court expressed itself in the following terms:

"On the completion thus of the reference of the whole dispute to the Court, the Court will fix time-limits for the simultaneous filing of pleadings, i.e., each Party will file a Memorial and then a Counter-Memorial within the same time-limits";

and whereas in paragraph 49 of the Judgment that it delivered on 15 February 1995, the Court gave the following clarification:

"Within the framework thus defined, it falls to Qatar to present its submissions to the Court, as it falls to Bahrain to present its own. To this end, after it has ascertained the views of the Parties, the Court will issue an Order fixing the time-limits for the simultaneous filing of the written pleadings, in accordance with paragraph 39 of the Judgment of 1 July 1994";

Whereas time-limits have now to be fixed for the written proceedings on the merits;

Whereas, for the purpose of ascertaining the views of the Parties with regard to those time-limits, the President invited the Agents to attend a meeting the date of which was fixed as 27 April 1995;

Whereas, in a letter dated 24 April 1995 and received in the Registry on the same day by facsimile, the Agent of Bahrain, referring to a document entitled "Official Declaration by the Government of the State of Bahrain in connection with its position regarding the new Judgment of the Court, issued on 15 February 1995", the text of which he had transmitted to the Court under cover of a letter dated 7 March 1995, indicated [p 85] inter alia that, for the reasons set forth in that Declaration, he could not "respond positively to the invitation of the President to attend the meeting scheduled on 27 April 1995";

Having ascertained the views of Qatar and having given Bahrain an opportunity of stating its views,

Fixes 29 February 1996 as the time-limit for the filing by each of the Parties of a Memorial on the merits; 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-eighth day of April, one thousand nine hundred and ninety-five, in three copies, one of which will be placed in the archives of the Court and the others transmitted to the Government of the State of Qatar and to the Government of the State of Bahrain, respectively.



(Signed) Mohammed BEDJAOUI,
President.

(Signed) Eduardo VALENCIA-OSPINA,
Registrar.

 
     

 

 

 

 

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