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25 June 2010


General List No. 138


international Court of Justice


Aerial Herbicide Spraying








BEFORE: President: Owada
Citation: Aerial Herbicide Spraying (Ecuador v. Colom.), 2010 I.C.J. (Order of June 25)

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, paragraph 2, 48 and 49 of the Rules of Court,

Having regard to the Application filed in the Registry of the Court on 31 March 2008, whereby the Republic of Ecuador instituted proceedings against the Republic of Colombia in respect of a dispute concerning “Colombia’s aerial spraying of toxic herbicides at locations near, at and across its border with Ecuador” which “has already caused serious damage to people, to crops, to animals, and to the natural environment on the Ecuadorian side of the frontier”,

Having regard to the Order of 30 May 2008, by which the Court fixed 29 April 2009 and 29 March 2010 as the time-limits for the filing, respectively, of the Memorial of the Republic of Ecuador and the Counter-Memorial of the Republic of Colombia,

Having regard to the Memorial and the Counter-Memorial duly filed by the Parties within those time-limits;

Whereas, at a meeting held by the President of the Court with the agents of the Parties on 24 June 2010, the Republic of Ecuador, referring to the importance and amount of scientific and technical documentation annexed to the Counter-Memorial of the Republic of Colombia, indicated that it wished to be able to respond to that pleading in a Reply and to have available for that purpose a time-limit of 10 months as from the filing of the Counter-Memorial; and whereas the Republic of Colombia stated that it did not consider a second round of written pleadings necessary in the present case and that, in the event of the Court nevertheless deciding to direct the Applicant to submit a Reply and the Respondent to submit a Rejoinder, it would support any decision of the Court regarding time-limits;

Whereas the Court, having thus ascertained the views of the Parties, considers that the filing of a Reply by Ecuador and a Rejoinder by Colombia is necessary,

Directs the submission of a Reply by the Republic of Ecuador and a Rejoinder by the Republic of Colombia;

Fixes the following time-limits for the filing of those pleadings:

31 January 2011 for the Reply of the Republic of Ecuador;
1 December 2011 for the Rejoinder of the Republic of Colombia; 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 twenty-fifth day of June, two thousand and ten, 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 Ecuador and the Government of the Republic of Colombia, respectively.

(Signed) Hisashi OWADA,

(Signed) Philippe COUVREUR,