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[p.3]
The International Court of Justice,
Composed as above,
After deliberation,
Having regard to Articles 44 and 48 of the Statute of the Court and to
Articles 31 and 66 of the Rules of Court,
Makes the following Order:
Having regard to the Special Agreement between the Republic of Hungary and
the Slovak Republic, signed in Brussels on 7 April 1993 and notified jointly
to the Court on 2 July 1993, whereby the Parties submitted to the Court the
differences between them concerning the Gabcíkovo-Nagymaros Project,
Having regard to the Memorials, Counter-Memorials and Replies [p 4] which
were filed by the Parties within the time-limits fixed to that end by the
Orders dated 14 July 1993 and 20 December 1994;
Whereas, by a letter dated 16 June 1995, the Agent of Slovakia asked the
Court "to be so good as to implement its powers under Article 66 of the
Rules of Court and to decide to visit the locality to which the case
concerning the Gabcíkovo-Nagymaros Project relates, and there to exercise
its functions with regard to the obtaining of evidence"; and whereas a copy
of that letter was duly transmitted to the Agent of Hungary;
Whereas, by a letter dated 28 June 1995, the Agent of Hungary informed the
Court that if it "should decide that a visit to the various areas affected
by the Project (or, more precisely, affected by variant C) would be useful,
Hungary would be pleased to co-operate in organizing such a visit";
Whereas, further to certain exchanges of views between the President of the
Court and the Agents of the Parties on 30 June 1995, the Agents, by a letter
dated 14 November 1995, jointly notified the Court of the text of a
"Protocol of Agreement between the Republic of Hungary and the Slovak
Republic with a view to proposing to the International Court of Justice the
arrangements for a visit in situ in the case concerning the
Gabcíkovo-Nagymaros Project", done in Budapest and New York on 14 November
1995, and signed by them;
Whereas by the terms of that Protocol the Parties "propose[d] by mutual
agreement to the Court that it should effect a visit" in situ under the
conditions set forth therein; and whereas those conditions included the
outline of a programme, the precise dates and details of which were to be
defined at a later time by the Court, after ascertaining the view of the
Parties;
Whereas, during a meeting held by the President of the Court with the Agents
of the Parties on 5 December 1996, the Agents agreed on dates at which the
proposed visit might take place; and whereas the Registrar confirmed to
them, by letters dated 6 December 1996, that those dates were agreeable to
the Court;
Whereas the Agents of the Parties jointly notified to the Court, by letter
dated 3 February 1997, the text of Agreed Minutes done at Budapest and at
New York on 3 February 1997, and signed by them; and whereas those Agreed
Minutes supplemented the Protocol of Agreement of 14 November 1995 and
contained detailed proposals for the conduct of the visit in situ;
Whereas it appears to the Court that to exercise its functions with regard
to the obtaining of evidence at a place or locality to which the case
relates may facilitate its task in the instant case, and whereas the
proposals made by the Parties to that end may be accepted, [p 5]
THE COURT,
Unanimously,
(1) Decides to exercise its functions with regard to the obtaining of
evidence by visiting a place or locality to which the case relates;
(2) Decides to adopt to that end the arrangements proposed by the Parties in
the Protocol of Agreement dated 14 November 1995, as subsequently specified,
in accordance with the provisions of that Protocol, in the Agreed Minutes
dated 3 February 1997.
Done in French and in English, the French text being authoritative, at the
Peace Palace, The Hague, this fifth day of February, one thousand nine
hundred and ninety-seven, 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 Hungary and the Government of the Slovak Republic,
respectively.
(Signed) Mohammed BEDJAOUI,
President.
(Signed) Eduardo VALENCIA-OSPINA,
Registrar. |
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