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[p.24]
The International Court of Justice,
Composed as above,
After deliberation,
Having regard to Article 48 of the Statute of the Court and to Article 44,
paragraph 3, of the Rules of Court,
Having regard to the Judgment dated 11 June 1998, whereby the Court, ruling
on the preliminary objections submitted by the Government of Nigeria, found
that, on the basis of Article 36, paragraph 2, of the Statute, it has
jurisdiction to adjudicate upon the dispute and that the Application filed
by Cameroon on 29 March 1994, as amended by the Additional Application of 6
June 1994, is admissible,
Having regard to the Order dated 30 June 1998, whereby the Court fixed 31
March 1999 as the time-limit for the filing of the Counter-Memorial of
Nigeria; [p 25]
Whereas, by a letter dated 23 February 1999, the Agent of Nigeria, referring
to the Request for Interpretation of the Judgment of the Court of 11 June
1998 submitted by his Government on 28 October 1998, stated that:
"Nigeria [would] not be in a position to complete its Counter-Memorial until
it [knew] the outcome of its Request for Interpretation as it [did] not at
present know the scope of the case it [had] to answer on State
Responsibility";
and whereas he accordingly concluded that:
"In these circumstances Nigeria has no choice but to ask Cameroon to consent
to an extension of time for delivery of its Counter-Memorial sufficient to
enable Nigeria to complete the preparation of its Counter-Memorial once
judgment in the Request for Interpretation has been given.
Until the terms of the judgment are known Nigeria finds it difficult to
predict the length of extension of time it will require in order to complete
its Counter-Memorial. In the first instance therefore Nigeria requests an
extension of two months from 31 March, 1999 for delivery of its
Counter-Memorial but reserves its position regarding the making of a further
request for an extension, depending on the timing and outcome of the Court's
judgment in the Request for Interpretation";
and whereas, on receipt of this letter, the Deputy-Registrar, in accordance
with Article 44, paragraph 3, of the Rules of Court, transmitted a copy
thereof to the Agent of Cameroon;
Whereas, by a letter dated 24 February 1999, the Agent of Cameroon stated
the following:
"In making [its Request for Interpretation of the Court's Judgment of 11
June 1998], Nigeria introduced a new case, which accordingly cannot have any
procedural consequences for the examination of the Application submitted by
Cameroon now almost five years ago";
whereas he added that the Court,
"if it were to accede to Nigeria's request, . . . would create a precedent
which in future would encourage parties, whenever they wished to avoid or
delay the Court's decision in a case, to make requests for interpretation or
revision of judgments on preliminary objections";
whereas he recalled that Cameroon "[had] had occasion to point out several
times in the past that its dispute with Nigeria call[ed] for a rapid
decision"; and whereas he concluded his letter by stating that his
Government "[was] resolutely opposed to the granting of Nigeria's request";
[p 26]
Whereas a request for interpretation submitted pursuant to Article 60 of the
Statute of the Court and to Article 98 of its Rules constitutes a new case;
whereas such a request cannot in itself suffice to justify the extension of
a time-limit;
Whereas, however, given the circumstances of the case, the Court considers
that it should grant Nigeria an extension of the time-limit for the filing
of its Counter-Memorial;
Extends to 31 May 1999 the time-limit for the filing of the Counter-Memorial
of Nigeria;
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 third day of March, one thousand nine hundred
and ninety-nine, 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 Cameroon and the Government of the Federal Republic of Nigeria,
respectively.
(Signed) Stephen M. Schwebel,
President.
(Signed) Eduardo Valencia-Ospina,
Registrar. |
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