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[p31]
The President of the International Court of Justice,
having regard to Article 48 of the Statute of the Court,
having regard to Article 62 of the Rules of Court;
Having regard to the Order of October 24th, 1957, in the Interhandel case,
fixing the time-limits for the filing of the Memorial and Counter-Memorial
(or Preliminary Objections) and reserving the rest of the procedure for
further decision;
Having regard to the Order of January 15th, 1958, whereby, on the joint
request of the Parties, expressed in letters from the Agents both dated
January 10th, 1958, the time-limits for the filing of the Memorial and
Counter-Memorial (or Preliminary Objections) were extended to April 1st and
June 16th respectively, the subsequent procedure remaining reserved for
further decision;
Whereas within the first of these time-limits, the Government of the Swiss
Confederation filed its Memorial and whereas within the second time-limit
the Government of the United States of America filed a document setting
forth certain preliminary objections to the jurisdiction of the Court;
Whereas accordingly, by virtue of the provisions of Article 62, paragraph 3
of the Rules of Court, the proceedings on the merits are suspended and a
time-limit should be fixed for the presentation [p 32] by the other Party of
a written statement of its Observations and Submissions in regard to the
said Preliminary Objections;
Whereas in their letters of January 10th, 1958, upon which the Order of
January 15th, 1958, was made, the Agents of the Parties both referred to
August 1st as the time-limit for the filing of this Pleading;
Whereas however, by a letter dated June 18th, 1958, a copy of which was
transmitted on June 19th to the Agent of the Government of the United States
of America, the Agent of the Government of the Swiss Confederation
requested that October 1st, 1958, should be fixed as the time-limit;
Whereas, in support of his request, he relied upon the fact that it was
agreed between the Agents that they would consult each other with a view to
reaching an agreement regarding this time-limit, which agreement was
established by an exchange of letters dated February 7th, 1958, in the case
of Switzerland and February 25th, 1958, in the case of the acceptance of the
United States of America, copies of which he transmitted to the Registry;
whereas he also relied upon the complexity of the questions raised in the
Preliminary Objections as well as the novel character of one of the
Objections;
Whereas by a letter dated June 25th, 1958, the Charge d'affaires ad interim
of the United States of America to the Netherlands stated that his
Government had agreed to the request of the Agent of the Government of the
Swiss Confederation;
Fixes September 22nd, 1958, as the time-limit within which the Government of
the Swiss Confederation may present a written statement of its Observations
and Submissions in regard to the Preliminary Objections raised by the
Government of the United States of America.
Done in French and in English, the French text being authoritative, at the
Peace Palace, The Hague, this twenty-sixth day of June, one thousand nine
hundred and fifty-eight, in three copies, one of which will be placed in the
archives of the Court and the others transmitted to the Government of the
Swiss Confederation and to the Government of the United States of America,
respectively.
(Signed) Helge Klaestad,
President.
(Signed) J. Lopez Olivan,
Registrar. |
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