| |
[p423] The International Court of Justice,
Composed as above,
Having regard to Article 48 of the Statute of the Court and to Article 89
of the Rules of Court,
Having regard to the Application filed in the Registry of the Court on 12
March 1991 by the Republic of Guinea-Bissau instituting proceedings against
the Republic of Senegal in respect of a dispute concerning the maritime
delimitation between the two States;
Whereas this Application was immediately communicated to the Senegalese
Government, pursuant to Article 40, paragraph 2. of the Statute of the Court
and whereas the Members of the United Nations, and also any other States
entitled to appear before the Court, were notified pursuant to Article 40,
paragraph 3, of the Statute;
Whereas in that Application Guinea-Bissau, referring to the proceedings
pending before the Court in the case concerning the Arbitral Award of 31
July 1989 (Guinea-Bissau v. Senegal), stated that "when those first [p 424]
proceedings are concluded, and whatever the outcome, the delimitation of all
the maritime territories will still not have been effected"; whereas in that
Application Guinea-Bissau founded the jurisdiction of the Court on the
declarations of acceptance of the compulsory jurisdiction of the Court made
by the two States pursuant to Article 36, paragraph 2. of the Statute, while
recognizing that if, when the above-mentioned proceedings were concluded,
the Court were to find the Award of 31 July 1989 to be inexistent or null
and void, the dispute now submitted to it "would, in every respect, be the
one that was the subject of [the] Arbitration Agreement [of] 12 March 1985"
and that "[i]n that case, because of the reservations made by Senegal, its
declaration of acceptance of the jurisdiction of the Court . . . would not
apply" and that the Application would then be submitted to the Court on the
basis of Article 38. paragraph 5. of the Rules: and whereas at the end of
its Application Guinea-Bissau asked the Court to adjudge and declare:
"What should be, on the basis of the international law of the sea and of all
the relevant elements of the case, including the future decision of the
Court in the case concerning the arbitral "award" of 31 July 1989 the line
(to be drawn on a map) delimiting all the maritime territories appertaining
respectively to Guinea-Bissau and Senegal":
Whereas the two Parties each appointed an Agent. Guinea-Bissau by a letter
dated 12 March 1991 from its Ambassador to the Netherlands, with which the
Application was enclosed, and Senegal by a letter dated 29 March 1991 from
its Ambassador to the Netherlands, in which a communication from the
Senegalese Minister for Foreign Affairs was transcribed; and whereas in
that communication it was indicated, inter alia. that the fact, for Senegal,
of its having appointed an Agent "[did] not imply acceptance on its part of
the new proceedings set in motion by Guinea-Bissau", Senegal expressing
"here and now every reservation as to the admissibility of this fresh claim,
and possibly as to the Court's jurisdiction";
Whereas at a meeting held by the President of the Court with the
representatives of the Parties on 5 April 1991, the latter agreed that no
measure should be taken in the case until the Court had delivered its
decision in the case concerning the Arbitral Award of 31 July 1989; whereas
the Court delivered its Judgment in that case on 12 November 1991 and
whereas, among other things, it indicated in paragraph 68 of that Judgment
that it considered it
"highly desirable that the elements of the dispute that were not settled by
the Arbitral Award of 31 July 1989 be resolved as soon as possible, as both
Parlies desire" (I.C.J. Reports 1991, p. 75);
and whereas at a meeting held by the President with the representatives of
the Parties on 28 February 1992. the latter requested that no time-limit [p
425]be fixed for the initial pleadings in the case, pending the outcome of
negotiations on the question of maritime delimitation, which were to
continue for six months in the first instance;
Whereas at a meeting held by the President with the representatives of the
Parties on 6 October 1992, the latter stated that some progress had been
made towards an agreement and that the two Parties jointly requested that a
further period of three months, with a possible further extension of three
months, be allowed for continuation of the negotiations;
Whereas after several exchanges of letters between the Registry and the
Parties, and the granting to the latter of further extensions, the President
received their representatives on 10 March 1994 and whereas on that occasion
the representatives handed the President the text of an agreement entitled
"Accord de gestion et de cooperation entre le Gouvernement de la Republique
de Guinee-Bissau et le Gouvernement de la Republique du Senegal", done at
Dakar on 14 October 1993 and signed by the two Heads of State; whereas this
agreement provided, inter alia, for the joint exploitation, by the two
Parties, of a "maritime zone situated between the 268° and 220° azimuths
drawn from Cape Roxo" (Art. 1), and the establishment of an "International
Agency for the exploitation of the zone" (Art. 4), and whereas that
agreement stated that it would enter into force "upon conclusion of the
agreement concerning the establishment and functioning of the International
Agency and with the exchange of the instruments of ratification of both
agreements by both States" (Art. 7); and whereas in letters dated 16 March
1994, addressed to the Presidents of both States, the President of the Court
expressed his satisfaction and informed them that the case would be removed
from the list, in accordance with the terms of the Rules of Court, as soon
as the Parties had notified him of their decision to discontinue the
proceedings;
Whereas at a meeting held by the President with the representatives of the
Parties on 1 November 1995, the latter furnished him with an additional
copy of the above-mentioned agreement as well as the text of a "Protocole
d'accord ayant trait à l'organisation et au fonctionnement de l'agence de
gestion et de cooperation entre la Republique du Senegal et la Republique de
Guinee-Bissau instituee par l'accord du 14 octobre 1993", done at Bissau on
12 June 1995 and signed by the two Heads of State; and whereas the
representatives at the same time notified him of the decisions of their
Governments to discontinue the proceedings and whereas the President asked
them to confirm that decision in writing to the Court in whatever manner
they deemed most appropriate;
Whereas by a letter of 2 November 1995, received in the Registry the same
day, the Agent of Guinea-Bissau, referring to Article 89 of the Rules of
Court, confirmed that his Government, by virtue of the agreement reached by
the two Parties on the disputed zone, had decided to discontinue the
proceedings instituted by its Application dated 12 March 1991;[p 426]
Whereas a copy of that letter was communicated to the Agent of Senegal
directly by the Agent of Guinea-Bissau and after receipt of that letter by
the Registrar; and whereas by a letter dated 6 November 1995, which arrived
in the Registry the same day by facsimile, the Agent of Senegal confirmed
that his Government "agreed to the discontinuance of proceedings",
Places on record the discontinuance by the Republic of Guinea-Bissau of the
proceedings instituted by the Application filed on 12 March 1991; and
Orders that the case be removed from the list.
Done in French and in English, the French text being authoritative, at the
Peace Palace. The Hague, this eighth day of November, 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
Republic of Guinea-Bissau and the Government of the Republic of Senegal,
respectively.
(Signed) Mohammed Bedjaoui,
President.
(Signed) Eduardo Valencia-Ospina,
Registrar. |
|
