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[p.429]
The International Court of Justice,
Composed as above,
After deliberation,
Having regard to Articles 40 and 48 of the Statute of the Court and to
Articles 39, 40, 44 and 46 of the Rules of Court,
Makes the following Order:
Whereas, by a joint letter dated 30 September 1998, filed in the Registry of
the Court on 2 November 1998, the Ministers for Foreign Affairs of the
Republic of Indonesia and of Malaysia notified to the Registrar a Special
Agreement between the two States, signed at Kuala Lumpur on 31 May 1997 and
having entered into force on 14 May 1998, date of the exchange of
instruments of ratification;
Whereas in the said Special Agreement the Parties request the Court
"to determine on the basis of the treaties, agreements and any other
evidence furnished by the Parties, whether sovereignty over Pulau Ligitan
and Pulau Sipadan belongs to the Republic of Indonesia or to Malaysia"; [p
430]
Whereas in accordance with Article 40, paragraph 3, of the Rules of Court
the Governments of Indonesia and Malaysia have informed the Court of the
appointment as Agents of, respectively, H.E. Mr. Nugroho Wisnumurti and H.E.
Mr. Datuk Abdul Kadir Mohamad; and whereas Indonesia and Malaysia have
further stated that they have appointed as their respective Co-Agents H.E.
the Ambassador of Indonesia to the Netherlands (whose name will be
communicated to the Court in due course) and H.E. Mr. A Ganapathy;
Whereas in Article 3, paragraph 2, of the Special Agreement the Parties have
agreed that the written pleadings should consist of;
"(a)a Memorial presented simultaneously by each of the Parties not later
than 12 months after the notification of this Special Agreement to the
Registry of the Court;
(b)a Counter-Memorial presented by each of the Parties not later than 4
months after the date on which each has received the certified copy of the
Memorial of the other Party;
(c)a Reply presented by each of the Parties not later than 4 months after
the date on which each has received the certified copy of the
Counter-Memorial of the other Party; and
(d)a Rejoinder, if the Parties so agree or if the Court decides ex officio
or at the request of one of the Parties that this part of the proceedings is
necessary and the Court authorizes or prescribes the presentation of a
Rejoinder",
Fixes as follows the time-limits for the initial pleadings in the case:
2 November 1999 for the filing by each of the Parties of a Memorial;
2 March 2000 for the filing by each of the Parties of a Counter-Memorial;
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 tenth day of November, 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 Republic of Indonesia and the Government of Malaysia, respectively.
(Signed) Stephen M. Schwebel,
President.
(Signed) Eduardo Valencia-Ospina,
Registrar. |
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