29 June 1999

 

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/1999.06.29_lockerbie1.htm
   
Citation: Questions of Interpretation and Application of the 1971 Montreal Convention Arising from the Aerial Incident at Lockerbie (Libya v. U.S.), 1999 I.C.J. 979 (Order of June 29)
 
     
 
 
     
 

[p.979]
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, 45, 48 and 49 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 interpreta-[p980]tion 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 fixed 20 December 1993 and 20 June 1995 as the time-limits for the filing, respectively, of the Memorial of Libya and the Counter-Memorial of the United States,

Having regard to the Memorial filed by Libya and the preliminary objections submitted by the United States, within the time-limits thus fixed,

Having regard to the Judgment of 27 February 1998, by which the Court adjudicated on the preliminary objections,

Having regard to the Order of 30 March 1998, by which the Court fixed at 30 December 1998 the time-limit for the filing of the Counter-Memorial of the United States, and to the Order of 17 December 1998, by which the Senior Judge extended that time-limit to 31 March 1999,

Having regard to the Counter-Memorial filed by the United States within the time-limit thus extended;

Whereas, in order to ascertain the views of the Parties on the subsequent procedure, the Vice-President of the Court, acting President, met their representatives on 28 June 1999; and whereas at that meeting the Agent of Libya stated that his Government wished to be authorized to submit a Reply, for the preparation of which it sought a time-limit of twelve months; whereas the representative of the United States stated that his Government did not oppose Libya's request but that, in view of the new circumstances consequent upon the transfer of the two accused to the Netherlands for trial by a Scottish court, it desired that no date be fixed at this stage for the filing of a Rejoinder by the United States; and whereas the Agent of Libya stated that his Government had no objection to this;

Taking account of the agreement of the Parties and the special circumstances of the case,

Authorizes the submission of a Reply by Libya and a Rejoinder by the United States of America;

Fixes 29 June 2000 as the time-limit for the filing of the Reply of Libya;

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 twenty-ninth day of June, one thousand nine hundred and ninety-nine, in three copies, one of which will be [p 981] 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) Jean-Jacques Arnaldez,
Deputy-Registrar.

 
     

 

 

 

 

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