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[p99]
The International Court of Justice,
composed as above,
after deliberation,
having regard to Articles 36 and 48 of the Statute of the Court;
Makes the following Order :
Whereas on March 3rd, 1954, the Ambassador of the United States of America
to the Netherlands filed in the Registry an Application dated February 16th,
1954, and signed by the Agent of the Government of the United States of
America instituting proceedings before the Court against the Government of
the Hungarian People's Republic, "on account of certain actions of the
latter Government in concert with the Government of the Union of Soviet
Socialist Republics" ;[p100]
Whereas on the same day the Ambassador of the United States of America to
the Netherlands filed in the Registry another Application dated February
16th, 1954, and signed by the Agent of the Government of the United States
of America instituting proceedings before the Court against the Government
of the Union of Soviet Socialist Republics in respect of the same question,
and the Government of the United States of America expressed a wish that the
two Applications should be considered and dealt with together;
Whereas the Application instituting proceedings against the Hungarian
People's Republic was duly communicated by the Registry on March 3rd, 1954.
to the Minister for Foreign Affairs of the Hungarian People's Republic ;
Whereas both Applications were duly communicated by the Registry to all the
Members of the United Nations, through the Secretary-General of the United
Nations, and to all other States entitled to appear before the Court ;
Whereas the Application instituting proceedings against the Hungarian
People's Republic was directly communicated by the Registry on March 3rd,
1954, to the Ambassador of the Union of Soviet Socialist Republics to the
Netherlands and the Application of the United States of America instituting
proceedings against the Union of Soviet Socialist Republics was communicated
on the same day to the Minister for Foreign Affairs of the Hungarian
People's Republic ;
Whereas the Application instituting proceedings against the Hungarian
People's Republic contains the following paragraph :
"The United States Government, in filing this application with the Court,
submits to the -Court's jurisdiction for the purposes of this case. The
Hungarian Government appears not to have filed any declaration with the
Court thus far, and although it was invited to do so by the United States
Government in the Note annexed hereto it has not made any responsive reply
to the invitation. The Hungarian Government is, however, qualified to submit
to the jurisdiction of the Court in this matter and may upon notification of
this application by the Registrar, in accordance with the Rules of the
Court, take the necessary steps to enable the Court's jurisdiction over both
parties to the dispute to be confirmed.
Thus the United States Government founds the jurisdiction of this Court on
the foregoing considerations and on Article 36 (1) of the Statute."
Whereas in a letter dated June 14th, 1954, from the Chargé d'affaires of the
Hungarian People's Republic in the Netherlands to the Registry it was stated
that :
".... the Government of the Hungarian People's Republic is unable to submit
in this case to the jurisdiction of the International Court of Justice" ;[p
101]
Whereas a copy of the above-mentioned letter was communicated to the Agent
of the Government of the United States of America by a letter dated June
16th, 1954 ;
Whereas, in these circumstances, the Court finds that it has not before it
any acceptance by the Government of the Hungarian People's Republic of the
jurisdiction of the Court to deal with the dispute which is the subject of
the Application submitted to it by the Government of the United States of
America and that therefore it can take no further steps upon this
Application ;
The Court
orders that the case shall be removed from the list.
Done in English and French, the English text being authoritative, at the
Peace Palace, The Hague, this twelfth day of July, one thousand nine hundred
and fifty-four, in three copies, one of which will be placed in the archives
of the Court and the others transmitted to the Government of the United
States of America and to the Government of the Hungarian People's Republic,
respectively.
(Signed) Arnold D. McNair,
President.
(Signed) Garnier-Coignet,
Deputy-Registrar. |
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