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II. Cases before the Court

Published online by Cambridge University Press:  17 January 2008

Extract

1. Gabčíkovo-Nagymaros Project (Hungary/Slovakia)

On 2 July 1993, in pursuance of a Special Agreement of 7 April 1993, Hungary and Slovakia requested the Court to determine certain issues arising out of the implementation and termination of a 1977 Agreement on the construction and operation of the Gabčíkovo-Nagymaros barrage system. In its judgment of 25 September 199790 the Court found both States to be in breach of their obligations and called on them to negotiate a settlement in good faith.91 On 3 September 1998 Slovakia filed a request for an additional judgment, arguing that Hungary was unwilling to implement the judgment92 and it was subsequently agreed that Hungary would file a written statement of its position regarding this request by 7 December 1998.93

2. Ahmadou Sadio Diallo (Republic of Guinea v Democratic Republic of the Congo) Guinea instituted proceedings against the Democratic Republic of Congo on 28 December 1998 alleging grave breaches of international law perpetrated upon a national of Guinea. By an order of 25 November 199994 the following time limits were set for the submission of written pleadings: Republic of Guinea, memorial, 11 September 2000; Democratic Republic of the Congo, counter-memorial, 11 September 2001. By an order of 8 September 200095 these were extended to: Republic of Guinea, memorial, 23 March 2001; Democratic Republic of the Congo, counter-memorial, 4 October 2002. On 3 October 2002 the Democratic Republic of the Congo filed preliminary objections to the admissibility of the Application and in an order of 7 November 200296 the Court fixed 7 July 2003 as the time limit for submission of written observations by the Republic of Guinea. On 18 July 2006, the Court set 27 November 2006 as the date for the opening of public hearings on preliminary objections in relation to the case.97 The public hearings concluded on 1 December 2006 at which time the Court commenced its deliberations.98 The Court gave its decision in the case on 24 May 2007.99

Type
Decisions of International Tribunals: International Court of Justice
Copyright
Copyright © British Institute of International and Comparative Law 2007

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References

90 ICJ Rep 1777, 7.Google Scholar

91 See Okowa, PN, Case Note, (1998) 47 ICLQ 688.Google Scholar

92 ICJ Press Communiqué No 98/28.

93 ibid No 98/31.

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125 ibid No 2005/24.

126 ibid No 2006/16.

127 ibid No 2006/23.

128 ibid No 2006/17.

129 ibid No 2006/22.

130 ibid No 2006/28.

131 ibid No 2006/29.

132 ibid No 2006/40.

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134 ibid No 2007/2.

135 ibid No 2006/1.

136 ibid No 2006/32.

137 ibid No 2006/39.