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[p12] 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 Application instituting proceedings dated November
25th, 1926, filed with the Registry of the Court on November 26th, 1926, on
behalf of the Belgian Government and submitting to the Court a Case
concerning the denunciation by the Chinese Government of the Treaty
concluded on November 2nd, 1865, between Belgium and China; [p13]
[4] Having regard to the Orders made by the President in this case on
January 8th and February 15th, 1927;
[5] Whereas, by decision of 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 the times for the filing of the documents of procedure in this
case as follows:
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;
[6] Whereas, in a communication dated January 17th, 1927, addressed to the
Registrar of the Court, the Belgian Government informed him that, as the
Belgian and Chinese Governments had decided by mutual agreement to reopen
negotiations for the conclusion of a treaty abrogating that of 1865, the
Belgian Government, being anxious to facilitate these negotiations, would be
glad if, to meet a desire of the Chinese Government, the time allowed to the
latter Government for the submission of its Case could be extended ;
[7] Whereas, moreover, by a decision of January 20th, communicated to the
Parties on the same date, the President of the Court, on receipt of this
request and having regard to the fact that it appeared to be intended to
meet a desire of the Chinese Government, which had not, at all events,
opposed the extension sought, modified as follows the times fixed on
December 14th, 1926:
for the Counter-Case, by the Respondent, Wednesday, May 25th, 1927;
for the Reply, by the Applicant, Wednesday, June 15th, 1927;
for the Rejoinder, by the Respondent, Wednesday, August 17th, 1927;
[8] Whereas, by a further communication of May 2nd, 1927, addressed to the
Registrar of the Court, the Belgian Government- [p14] since it seemed that
the negotiations for the conclusion of a new treaty would not lead to a
definite result before the last date fixed for the filing of the Chinese
Government's Counter-Case and in fulfilment of a promise made by them to the
latter Government at the time of the opening of the above-mentioned
negotiations-asked for a further extension of the various times;
[9] As, furthermore, by a decision of May 10th, 1927, communicated to the
Parties on the same day, the President, complying with this request, granted
an extension until June 18th of the time for the filing of the Chinese
Government's Counter-Case, whilst leaving to the Court itself, when it met,
the fixing of the times for the filing of the Reply and Rejoinder
respectively;
[10] Considering that, by a letter to the Registrar of the Court dated June
14th, 1927, the Belgian Government has, in the last place, for the reasons
already set out in its above-mentioned communication of May 2nd, 1927,
submitted to the Court a further request for an extension of the times for
the written procedure in the case in question, without however proposing any
date for the expiration of these times;
[11] Considering that, in the circumstances indicated in the President's
decision of January 20th, 1927, this request should be accorded;
[12] 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 Sino-Belgian Treaty of November 2nd, 1865:
for the Counter-Case, by the Respondent, Wednesday, February 15th, 1928;
for the Reply, by the Applicant, Sunday, April 1st, 1928;
for the Rejoinder, by the Respondent, Tuesday, May 15th, 1928. [p15]
[13] Done in French and English, the French text being authoritative, at the
Peace Palace, The Hague, this eighteenth day of June, nineteen hundred and
twenty-seven, in four copies, one of which is to be deposited in the
archives of the Court, and the others to be forwarded to the Government of
China, to the Government of Belgium and to the Secretary-General of the
League of Nations respectively.
(Signed) Max Huber,
President.
(Signed) �. Hammarskj�ld,
Registrar.
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