30 March 1998

 

General List No. 89

 
     

international Court of Justice

     
 

Questions of Interpretation and Application of the 1971 Montreal Convention Arising from the Aerial Incident at Lockerbie

 
     

Libya

 

v. 

United States

     
     
 

Order

 
     
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BEFORE: President: Weeramantry
   
PermaLink: http://www.worldcourts.com/icj/eng/decisions/1998.03.30_lockerbie1.htm 
   
Citation: Questions of Interpretation and Application of the 1971 Montreal Convention Arising from the Aerial Incident at Lockerbie (Libya v. U.S.), 1998 I.C.J. 240 (Order of Mar. 30)
 
     
 
 
     
 

[p.240]
The International Court of Justice,

Composed as above,

After deliberation,

Having regard to Article 48 of the Statute of the Court and to Articles 31, 44 and 79 of the Rules of Court,

Having regard to the Application by the Great Socialist People's Libyan Arab Jamahiriya, filed in the Registry of the Court on 3 March 1992, instituting proceedings against the United States of America in respect of a "dispute between Libya and the United States concerning the
[p 241] interpretation or application of the Montreal Convention" of 23 September 1971 for the Suppression of Unlawful Acts against the Safety of Civil Aviation,

Having regard to the Order of 19 June 1992, by which the Court, taking account of the Parties' requests, inter alia fixed 20 June 1995 as the time-limit for the filing of the Counter-Memorial of the United States,

Having regard to the Preliminary Objections concerning the jurisdiction of the Court to hear the case and the admissibility of the Application, which were submitted by the Government of the United States within the time-limit fixed for the filing of the Counter-Memorial;

Whereas, by a Judgment dated 27 February 1998, the Court found that, on the basis of Article 14, paragraph 1, of the Montreal Convention of 23 September 1971, it has jurisdiction to hear the disputes between Libya and the United States as to the interpretation or application of the provisions of that Convention; found that the Application filed by Libya on 3 March 1992 is admissible; and declared that the objection raised by the United States according to which the claims of Libya became moot because Security Council resolutions 748 (1992) and 883 (1993) had rendered them without object does not, in the circumstances of the case, have an exclusively preliminary character;

Whereas in order to ascertain the views of the Parties on the subsequent procedure, the Vice-President, acting President, received their Agents on 24 March 1998,

Taking into account the views of the Parties,

Fixes 30 December 1998 as the time-limit for the filing of the Counter-Memorial of the United States of America; 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 thirtieth day of March, one thousand nine hundred and ninety-eight, in three copies, one of which will be placed in the archives of the Court and the others transmitted to the Government of the Great Socialist People's Libyan Arab Jamahiriya and the Government of the United States of America, respectively.


(Signed) Christopher G. WEERAMANTRY,
Vice-President.

(Signed) Eduardo VALENCIA-OSPINA,
Registrar.

 
     

 

 

 

 

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