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[p.991]
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 Canada "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
992]quent procedure, the Vice-President of the Court, Acting President, met
their representatives on 28 June 1999; whereas at that meeting Canada,
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
and of the admissibility of the Application in this case should be
separately determined before any proceedings on the merits; and whereas
Canada confirmed its views in this regard by letter of 28 June 1999; 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 Canada 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 Canada; 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 Canada, respectively.
(Signed) Christopher G. Weeramantry,
Vice-President.
(Signed) Jean-Jacques Arnaldez,
Deputy-Registrar. |
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