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[p44] 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; [p45]
[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, according to Article 1 of the Special Agreement, the Court is
asked to give judgment on the following question:
"According to the provisions of the Treaty of Versailles, does the
jurisdiction of the International Commission of the Oder extend to those
portions of the Warta and Netze, tributaries of the Oder, which are situated
in Polish territory and, if so, what is the law which should govern the
determination of the upstream limits to which this jurisdiction extends?"
[8] Whereas, in their Counter-Memorial, the Six Governments acting in the
same interest submit "that the answers of the Court to the questions
submitted for decision should be those submitted in their Memorial"; as the
answers thus suggested relate to both the questions formulated by the
Special Agreement;
[9] Whereas, on the other hand, in the Counter-Memorial filed by it, the
Polish Government formulates submissions which solely relate to the first of
these questions; as, in so far as concerns the other, the Polish Government
confines itself "to making every reservation as to the submissions made in
the Memorial of the Six Governments" and "reserves the right to state its
case in regard to the three solutions pro-posed by the Six Governments in
the course of the oral argument before the Court";
[10] Whereas, however, in a case submitted to the Court by Special Agreement
and in which therefore there is neither Applicant nor Respondent, the
Parties must have an equal opportunity reciprocally to discuss their
respective contentions; as this is the reason for the provision laying down
that in cases submitted in this way, the written documents are to be filed
simultaneously by both Parties;
[11] Whereas, accordingly, the Six Governments must be enabled to discuss,
in their first oral argument and not only in their reply, any alternative
submissions made by the Polish Government; [p46]
[12] Invites the Agent for the Polish Government to file with the Registry
by midday on Saturday, August 17th at latest, any alternative submissions as
to the second of the two questions submitted to the Court under Article 1 of
the Special Agreement of October 30th, 1928.
[13] 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 Polan, respectively.
(Signed) D. Anzilotti,
President.
(Signed) �. Hammarskj�ld,
Registrar.
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