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[p.1006]
The International Court of Justice,
Composed as above,
After deliberation,
Having regard to Articles 48 of the Statute of the Court and to Articles 31,
44, 45, 48, 49 and 79 of the Rules of Court,
Having regard to the Application by the Federal Republic of Yugoslavia
filed in the Registry of the Court on 29 April 1999, instituting proceedings
against the Portuguese Republic "for violation of the obligation not to use
force",
Having regard to the request for the indication of provisional measures,
submitted by Yugoslavia on 29 April 1999 and to the Order made by the Court
on 2 June 1999, whereby it rejected the request and reserved the subsequent
procedure for further decision;
Whereas, in order to ascertain the views of the Parties on the subse-[p
1007]quent procedure, the Vice-President of the Court, Acting President, met
their representatives on 28 June 1999; whereas at that meeting Portugal,
referring to the findings reached by the Court in its above-mentioned Order
of 2 June 1999, requested that the question of the jurisdiction of the Court
in this case should be separately determined before any proceedings on the
merits; whereas at that same meeting Yugoslavia opposed this request and
stated that it wished to be permitted to submit a Memorial on the merits,
as provided by the Rules of Court, it being understood that Portugal would
be entitled, pursuant to Article 79, paragraph 1, of the Rules, to raise
preliminary objections within the time-limit fixed for the filing of its
Counter-Memorial; and whereas the Applicant envisaged a time-limit of
approximately six months for the filing of the pleading which it wished to
submit;
Taking into consideration the views of the Parties and the relevant
provisions of the Rules of Court,
Fixes the following time-limits for the filing of the written pleadings
envisaged by Article 45 of the Rules:
5 January 2000 for the Memorial of the Federal Republic of Yugoslavia;
5 July 2000 for the Counter-Memorial of the Portuguese Republic; and
Reserves the subsequent procedure for further decision.
Done in English and in French, the English text being authoritative, at the
Peace Palace, The Hague, this thirtieth day of June, 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
Federal Republic of Yugoslavia and the Government of the Portuguese
Republic, respectively.
(Signed) Christopher G. Weeramantry,
Vice-President.
(Signed) Jean-Jacques Arnaldez,
Deputy-Registrar. |
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