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[p38] 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,
[3] Having regard to the Special Agreement for arbitration signed on October
30th, 1928, between the Governments of Czechoslovakia, Denmark, France,
Germany, His Britannic Majesty in Great Britain, and Sweden, on the one
hand, and the Government of Poland on the other;
[4] Having regard to the Order made by the President of the Court on March
26th, 1929, dispensing, amongst other things, with the presentation by the
Parties of written Replies in this case; [p39]
[5] Having regard to the Memorials filed by each Party on April 15th, 1929;
[6] Having regard to the Counter-Memorials filed by each Party on June 10th,
1929;
[7] Whereas the Memorial of the Polish Government refers in several places
to the work done in the preparation of the relevant articles of the Treaty
of Versailles; as extracts from the minutes containing the record of this
work are also quoted therein ;
[8] Whereas on the other hand, in the Counter-Memorial of the Six
Governments, "His Britannic Majesty's Government in the United Kingdom, the
Government of the Czechoslovakian Republic and the Government of the French
Republic join with the Government of His Majesty the King of Denmark, the
Government of the German Reich and the Government of His Majesty the King of
Sweden in requesting the Court in the present case to follow its previous
decisions in refusing to admit any recourse to such preparatory work for the
purpose of putting upon a text an interpretation different from the plain
meaning (sens naturel) of the language used"; as, furthermore, they state
that in their opinion "the production as evidence of the above-mentioned
records can have no effect on the decision of the questions submitted to the
Court, and is therefore unnecessary";
[9] Whereas, in the same document, they formally request the Court to rule
that the passages in the Polish Memorial containing the "references and
quotations" in question "and the arguments based upon them must be
disregarded", and also "to give a ruling upon this question at the hearing
of the oral arguments";
[10] Whereas the Court, before hearing the oral argument of the case on its
merits, must give a decision upon the question of the admissibility as
evidence in this case of the minutes and other documents in question;
[11] Invites the Agents of the Parties to submit at the hearing fixed for
Tuesday, August 20th, at 10.30 a.m., and before any argument upon the
merits, their observations and final submissions upon the said question, it
being understood that the Court will pass upon this question immediately
after [p40] receiving such observations and submissions, and that the
argument on the merits shall follow forthwith, unless the Court shall
otherwise decide.
[12] Done in French and English, the French text being authoritative, at the
Peace Palace, The Hague, this fifteenth day of August, one thousand nine
hundred and twenty-nine, in eight copies, one of which is to be deposited in
the archives of the Court, and the others to be forwarded to the Agents of
the Governments of Czechoslovakia, Denmark, France, Germany, His Britannic
Majesty in Great Britain, and Sweden, as also to the Agent of the Government
of Poland, respectively.
(Signed) D. Anzilotti,
President.
(Signed) Å. Hammarskjöld,
Registrar.
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