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[p4] The
Permanent Court of International Justice,
composed as above,
after deliberation,
Makes the following Order:
[1] Having regard to Article 48 of the Statute of the Court;
[2] Having regard to Article 61 of the Rules of Court;
[3] Whereas, by a Special Agreement signed at Ankara on May 30th, 1929, the
Government of the Turkish Republic and the Royal Italian Government agreed
to request the Permanent Court of International Justice at The Hague to give
its decision upon certain questions which had arisen in connection with the
delimitation of the territorial waters between the island of Castellorizo
and the coasts of Anatolia; [p5]
[4] Whereas, according to the Special Agreement, these questions were to be
brought before the Court, as soon as the Special Agreement should have come
into force, by means of a notification of the Special Agreement to the
Registrar of the Court by either of the Parties;
[5] Whereas the Special Agreement came into force on August 3rd, 1931,
following upon the exchange of instruments of ratification;
[6] Whereas the Special Agreement was notified to the Registrar of the
Court, in accordance with the terms of Article 40 of the Statute of the
Court, by a letter dated November 18th, 1931, from the Turkish Charg�
d'affaires at The Hague;
[7] Whereas Turkey, which is not mentioned in the Annex to the Covenant of
the League of Nations, was not, at that time, a Member of the League; and
whereas she caused to be transmitted to the Registrar, together with the
text of the Special Agreement, a declaration made in conformity with Article
35, paragraph 2, of the Rules of Court;
[8] Having regard to the Orders of November 30th, 1931, March 8th, 1932, and
June 23rd, 1932, whereby the Court fixed, and subsequently at the request of
the Parties extended, the time-limits for the presentation by them of their
Cases, Counter-Cases and Replies in the suit;
[9] Whereas the time-limit ultimately fixed for the filing of the Cases
expired on January 3rd, 1933;
[10] Whereas, by a letter dated January 3rd, 1933, the Turkish Charge
d'affaires at The Hague, by order of his Government, informed the Registrar,
with reference to the provisions of Article 61 of the Rules of Court, that
the Turkish Government, acting in agreement with the Royal Italian
Government, was discontinuing the proceedings instituted on November 18th,
1931, and requested him to note this communication in order that the suit
might, be removed from the Court's list;
[11] Whereas, by a letter dated the same day, the Italian Minister at The
Hague, by order of his Government, informed the Registrar, with reference to
the provisions of Article 61 of the Rules of Court, that the Italian
Government intended to break off the proceedings contemplated by the Special
Arbitration Agreement of May 30th, 1929, and instituted by the letter of
November 18th, 1931, of the Turkish Charg� d'affaires at The Hague, and
requested the Registrar to take note of this intention in order that the
proceedings might be terminated;
[12] Whereas, the two Parties to the Special Agreement of May 30th, 1929,
being thus agreed in their intention to break off proceedings, there is
nothing to prevent the Court from recording this fact, which terminates the
proceedings; [p6]
[13] Whereas, in these circumstances, the request of the two Governments
concerned in the case to the effect that it be removed from the Court's
list, should be complied with,
[14] THE COURT
Records the fact that, by mutual agreement, the Royal Italian Government and
the Government of the Turkish Republic intend to break off the proceedings
contemplated in the Special Agreement concluded at Ankara on May 30th, 1929,
between Italy and Turkey ;
Declares that the proceedings begun in regard to the case concerning the
delimitation of the territorial waters between the island of Castellorizo
and the coasts of Anatolia are thus terminated;
Decides that the said case shall be removed from the Court's list.
[15] Done in English and French, the French text being authoritative, at the
Peace Palace, The Hague, this twenty-sixth day of January, one thousand nine
hundred and thirty-three, in three copies, one of which is to be deposited
in the archives of the Court and the others to be transmitted to the Royal
Italian Government and to the Government of the Turkish Republic
respectively.
(Signed) M. Adatci,
President of the Court.
(Signed) �. Hammarskj�ld,
Registrar of the Court.
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