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[p4] The Court, composed as
above, after deliberation, makes the following Order:
[1] The Permanent Court of International Justice,
[2] Having regard to Article 48 of the Statute of the Court;
[3] Having regard to Article 33 of the Rules of Court;
[4] Having regard to the Application dated November 25th, 1926, filed with
the Registry of the Court on November 26th, 1926, on behalf of the Belgian
Government, instituting proceedings before the Court in a suit concerning
the denunciation by the Chinese Government of the Treaty concluded on
November 2nd, 1865, between Belgium and China; [p5]
[5] Having regard to the Orders made by the President of the Court in this
case on January 8th and February 15th, 1927;
[6] Having regard to the Order made by the Court on June 18th, 1927;
[7] Whereas, by a decision dated December 14th, 1926, the President of the
Court, in virtue of the powers conferred upon him by Article 33 of the Rules
of Court, fixed as follows the times for the presentation of the documents
of the written proceedings in this suit:
for the Case, by the Applicant, Wednesday, January 5th, 1927;
for the Counter-Case, by the Respondent, Wednesday, March 16th, 1927;
for the Reply, by the Applicant, Wednesday, April 6th, 1927;
for the Rejoinder, by the Respondent, Wednesday, June 8th, 1927;
[8] Whereas, by communications dated January 17th, May 2nd and June 14th,
1927, the Belgian Government, stating that the Belgian and Chinese
Governments had decided by mutual agreement to re-open negotiations for the
conclusion of a new treaty to replace that of 1865, submitted to the Court
requests for successive extensions of the time allowed to the Chinese
Government for the presentation of its Counter-Case;
[9] As, furthermore, by decisions given by the President of the Court on
January 20th and May 10th, 1927, and by a decision given by the Court on
June 18th, 1927, these requests, which appeared to be intended to meet the
desires of the Chinese Government, which had not, at all events, opposed the
extensions sought, were successively granted;
[10] Whereas the Court, by its Order of June 18th, 1927, decided to fix as
follows the subsequent times for the written proceed¬ings in the suit
between Belgium and China concerning the termination by China of the
Chinese-Belgian Treaty of November 2nd, 1865:
for the Counter-Case, by the Respondent, Wednesday, February 15th, 1928;
[p6]
for the Reply, by the Applicant, Sunday, April 1st, 1928;
for the Rejoinder, by the Respondent, Tuesday, May 15th, 1928;
[11] Whereas, by a letter addressed to the Registrar of the Court on
February 14th, 1928, the Agent for the Belgian Government in the case
requested the Court, having regard to the terms of Article 33, paragraph 2,
of the Rules, to decide that the filing of the Counter-Case by the
respondent Government should be regarded as valid after the expiration of
the time fixed for the presentation of that document, provided however that
it were effected by February 25th, 1928;
[12] As, furthermore, by a decision dated February 21st, 1928, the Court
granted this request which appeared to be intended to meet a desire of the
Chinese Government;
[13] Whereas, by a further communication of February 20th, 1928, addressed
to the Registrar of the Court, the Agent for the Belgian Government has
requested that the subsequent times in the written proceedings should again
be extended by six months;
[14] Considering that this request is submitted as being also in accordance
with a desire on the part of the Chinese Government;
[15] That, furthermore, the object of the extension sought appears to be to
enable the two Governments, if possible, to continue their negotiations for
the conclusion of a new treaty;
[16] Considering that, in these circumstances, this request should be
granted;
[17] The Court
Decides, in accordance with the provisions of Article 33 of the Rules of
Court, to fix as follows the subsequent times for the written proceedings in
the case between Belgium and China concerning the termination by China of
the Chinese-Belgian Treaty of November 2nd, 1865:
for the Counter-Case, by the Respondent, Wednesday, August 15th, 1928; [p7]
for the Reply, by the Applicant, Monday, October 1st, 1928;
for the Rejoinder, by the Respondent, Thursday, November 15th, 1928.
[18] Done in French and English, the French text being author¬itative, at
the Peace Palace, The Hague, this twenty-first day of February, nineteen
hundred and twenty-eight.
(Signed) D. Anzilotti,
President.
(Signed) Å. Hammarskjöld,
Registrar.
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