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[p.1000]
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, 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 Italian 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; [p 1001]
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; whereas at that meeting Italy, 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 Italy 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 Italian Republic; 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 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 Italian Republic,
respectively.
(Signed) Christopher G. Weeramantry,
Vice-President.
(Signed) Jean-Jacques Arnaldez,
Deputy-Registrar. |
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