Application for Revision and Interpretation of the Judgment of 24 February 1982 in the Case concerning the Continental Shelf (Tunisia/Libyan Arab Jamahiriya) (Tunisia v. Libyan Arab Jamahiriya)
Overview of the case
This application was submitted to the Court by Tunisia, which took the view that the 1982 Judgment gave rise to certain problems of implementation. Although the Court had already had to deal with several requests for interpretation, this was the first time an application for revision had come before it. The Statute of the Court states that a judgment may only be revised if there has been a discovery of some fact of such a nature as to be a decisive factor. Libya opposed Tunisia’s twofold application, denying that there had been any problems of implementation of the kind invoked by Tunisia, and arguing that Tunisia’s request for interpretation was merely an application for revision, in another guise.
In its Judgment of 10 December 1985, rendered unanimously, the Court rejected the application for revision as inadmissible. It found admissible the request for interpretation of the Judgment of 24 February 1982 so far as it related to the first sector of the delimitation laid down by that Judgment, stated the interpretation which should be made in that respect, and found that the submission of Tunisia relating to that sector could not be upheld ; it found moreover that the request made by Tunisia for the correction of an error was without object, and that there was no call for it to give a decision thereon. The Court also found admissible the request for interpretation of the Judgment of 24 February 1982 so far as it related to the most westerly point of the Gulf of Gabes in the second sector of the delimitation laid down by that Judgment, stated the interpretation which should be made in that respect, and found that it could not uphold the submission made by Tunisia relating to that sector. In conclusion, the Court found that no cause had arisen for it to order an expert survey for the purpose of ascertaining the precise co-ordinates of the most westerly point of the Gulf of Gabes.
This overview is provided for information only and in no way involves the responsibility of the Court.