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[p.87]
The President of the International Court of Justice,
Having regard to Article 48 of the Statute of the Court and to Articles 44
and 48 of the Rules of Court,
Having regard to the Application filed in the Registry of the Court on 28
March 1995, whereby the Kingdom of Spain instituted proceedings against
Canada with respect to a dispute concerning certain aspects of the
jurisdiction exercised by Canada in relation to fisheries;
Whereas the Application was communicated to Canada on the same day on which
it was filed;
Whereas, in that Application, Spain founded the jurisdiction of the Court on
the declarations made by the two Parties in accordance with Article 36,
paragraph 2, of the Statute;
Whereas, by a letter dated 21 April 1995, the Ambassador of Canada to the
Netherlands informed the Court, inter alia, that, in the view of his
Government, the Court
"manifestly lacks jurisdiction to deal with the Application filed by Spain .
. . by reason of paragraph 2 (d) of the Declaration, dated 10 May 1994,
whereby Canada accepted the compulsory jurisdiction of the Court";
Whereas at a meeting between the President of the Court and the
representatives of the Parties held on 27 April 1995 it was agreed that the
[p 88] question of the jurisdiction of the Court in this case should be
separately determined before any proceedings on the merits; and whereas at
that meeting agreement was also reached on time-limits for the filing of
written proceedings on that question;
Whereas it is necessary for the Court to be informed of all the contentions
of fact and law on which the Parties rely in that connection;
Taking into account the agreement concerning the procedure reached between
the Parties, consulted under Article 31 of the Rules of Court,
Decides that the written proceedings shall first be addressed to the
question of the jurisdiction of the Court to entertain the dispute;
Fixes the following time-limits for the filing of those pleadings:
For the Memorial of the Kingdom of Spain, 29 September 1995;
For the Counter-Memorial of Canada, 29 February 1996; 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 second day of May, 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
Kingdom of Spain and the Government of Canada, respectively.
(Signed) Mohammed BEDJAOUI,
President.
(Signed) Eduardo VALENCIA-OSPINA,
Registrar. |
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