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[p6]
The International Court of Justice,
Composed as above,
After deliberation,
Having regard to Article 26, paragraph 2, Article 31 and Article 48 of the
Statute of the Court, and to Articles 17, 18 and 35 of the Rules of Court,
Makes the following Order:
1. Whereas by a joint letter dated 14 October 1983, filed in the Registry of
the Court on 20 October 1983, the Ministers for Foreign Affairs of the
Republic of Upper Volta (since and hereinafter called Burkina Faso) and the
Republic of Mali transmitted to the Registrar a certified copy of a Special
Agreement dated 16 September 1983, and entering into force on that date, by
which their Governments agreed to submit a dispute concerning the
delimitation of their common frontier to a Chamber of the Court; [p 7]
2. Whereas the Government of Burkina Faso subsequently appointed Mr. Ernest
Nongoma Ouedraogo, Minister for Territorial Affairs and Security, as its
Agent and Mr. Emmanuel Salambere, Ambassador in Paris, as Co-Agent for the
purposes of the case, while the Government of Mali appointed
Lieutenant-Colonel Abdourahamane Maiga, Minister of the Interior, and Mr.
Yaya Diarra, Ambassador in Brussels, to be respectively its Agent and
Co-Agent;
3. Whereas the Special Agreement provides in Article II for the submission
of the dispute to a Chamber to be formed pursuant to Article 26, paragraph
2, of the Statute of the Court;
4. Whereas on 14 March 1985 the Parties, duly consulted by the President as
to the composition of the proposed Chamber, indicated that they desired the
formation of a Chamber of five members, of whom two would be judges ad hoc
chosen by the Parties in accordance with Article 31 of the Statute of the
Court; and whereas on the same occasion they confirmed their wish that the
Court should now proceed to constitute such a Chamber;
5. Whereas, by a letter dated 29 August 1984, the Agent of Burkina Faso
notified to the Court his Government's choice of Mr. Francois Luchaire,
Professor at the University of Paris I, to sit as judge ad hoc; and whereas
the Co-Agent of Mali, by a letter of 18 March 1985, notifed his
Government's choice of Mr. Georges Abi-Saab, Professor at the Graduate
Institute of International Studies, Geneva, to sit as judge ad hoc ; and
whereas no objection has been raised by either Party to the other's choice
and none appears to the Court itself;
The Court,
Unanimously,
1. Decides to accede to the request of the Governments of Burkina Faso and
Mali to form a special Chamber of five judges to deal with the present case;
2. Declares that at an election held on 3 April 1985 Judges Lachs, Ruda and
Bedjaoui were elected to form, with the above-named judges ad hoc, a Chamber
to deal with this case and that, accordingly, such a Chamber is duly
constituted by the present Order, with the following composition:
Judges Lachs, Ruda, Bedjaoui;
Judges ad hoc Luchaire, Abi-Saab;
Done in English and in French, the English text being authoritative, at the
Peace Palace, The Hague, this third day of April, one thousand nine[p
8]hundred and eighty-five, in three copies, of which one will be placed in
the archives of the Court and the others transmitted to the Government of
Burkina Faso and to the Government of Mali respectively.
(Signed) Nagendra Singh, President.
(Signed) Santiago Torres Bern�rdez, Registrar. |
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