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[p.9]
The International Court of Justice,
Composed as above,
After deliberation,
Having regard to Article 48 of the Statute of the Court and to Articles 44
and 80 of the Rules of Court,
Having regard to the Application filed by the Republic of Cameroon in the
Registry of the Court on 29 March 1994 instituting proceedings against the
Federal Republic of Nigeria in respect of a dispute described as "relat[ing]
essentially to the question of sovereignty over the Bakassi Peninsula", in
which the Court was also requested "to determine the course of the maritime
boundary between the two States beyond the line fixed in 1975",
Having regard to the Additional Application submitted by Cameroon on 6 June
1994, [p 10]
Having regard to the Order of 16 June 1994, whereby the Court indicated that
it had no objection to the Additional Application being treated as an
amendment to the initial Application and fixed the time-limits for the
filing of the Memorial of Cameroon and the Counter-Memorial of Nigeria,
respectively,
Having regard to the Memorial filed by Cameroon and the preliminary
objections submitted by Nigeria within the time-limits thus fixed,
Having regard to the Judgment of 11 June 1998, whereby the Court ruled on
the preliminary objections raised by Nigeria,
Having regard to the Order of 30 June 1998, whereby the Court fixed a new
time-limit for the filing of the Counter-Memorial of Nigeria, and to the
Order of 3 March 1999, whereby it extended that time-limit,
Having regard to the Counter-Memorial filed by Nigeria within the time-limit
thus extended and to the counter-claims submitted therein,
Having regard to the Order of 30 June 1999, whereby the Court found that the
counter-claims submitted by Nigeria were admissible as such and formed part
of the current proceedings; decided that Cameroon should submit a Reply and
Nigeria should submit a Rejoinder, relating to the claims of both Parties;
and fixed 4 April 2000 and 4 January 2001 respectively as the time-limits
for the filing of those pleadings,
Having regard to the Reply filed by Cameroon and the Rejoinder filed by
Nigeria within the time-limits thus fixed;
Whereas, by a letter dated 24 January 2001 and received in the Registry on
the same day by facsimile, the Agent of Cameroon notified the Court that his
Government wished to submit an additional pleading "to rectify a number of
errors of fact or of law made by Nigeria in the presentation of [its]
counter-claims" and suggested that 4 July 2001 should be fixed as the
time-limit for filing this additional pleading;
Whereas, by a letter dated 5 February 2001 and received in the Registry on 6
February 2001 by facsimile, the Agent of Nigeria informed the Court that his
Government had no objection to Cameroon's submission of an additional
pleading devoted to the counter-claims made by Nigeria; whereas he stated
that "Cameroon's additional pleading will be confined to responding to
Nigeria's Counterclaims" and that "Nigeria reserves the right to request
fair treatment in responding to any additional points" if that pleading
"were to exceed the scope of that limited response"; and whereas the Agent
added that Nigeria accepted the fixing of 4 July 2001 as the time-limit for
the filing of Cameroon's additional pleading;
Whereas, in its above-mentioned Order of 30 June 1999, the Court, [p 11]
after indicating that it considered it necessary for Cameroon to file a
Reply and for Nigeria to file a Rejoinder, relating to the claims of both
Parties, added that:
"it is necessary moreover, in order to ensure equality between the Parties,
to reserve the right of Cameroon to present, within a reasonable period of
time, its views in writing a second time on the Nigerian counter-claims, in
an additional pleading which may be the subject of a subsequent Order",
Taking account of the agreement of the Parties,
Authorizes the submission by the Republic of Cameroon of an additional
pleading relating solely to the counter-claims submitted by the Federal
Republic of Nigeria;
Fixes 4 July 2001 as the time-limit for the filing of that pleading; 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 twentieth day of February, two thousand and
one, 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) Gilbert Guillaume,
President.
(Signed) Philippe Couvreur,
Registrar.
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