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[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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