Arbitral Award of 31 July 1989 (Guinea-Bissau v. Senegal) - Request for indication of provisional measures

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No. 90/2
. P 5 February 1990

Arbitral Award of 31 July 1989
(Guinea-Bissau v. Senegal)

Request for indication of provisional measures

The following information is communicated to the Press by the
Registry of the International Court of Justice:

In the above case a request for the indication of provisional

measures has been received from the Government of the Republic of
Guinea-Bissau.

Oral proceedings, as provided for in Article 74, paragraph 3 of the
Rules of Court, will open on Monday 12 February 1990 at 10 a.m. in the
Great Hall of Justice of the Peace Palace, The Hague.

The case was inst.ituted by an Application which the Republic of
Guinea-Bissau filed against the Republic of Senegal on 23 August 1989, in
respect of a dispute c.oncerning the existence and validity of the
arbitral award delivered on 31 July 1989 by the Arbitration Tribunal for

the Determination of the Maritime Boundary between the two States; the
Government of the Repu.blic of Guinea-Bissau reserved the right to request
provisional measures.

In its request for the indication of provisional measures the

Government of the Republic of Guinea-Bissau inter alia refers to two
occasions during the latter months of 1989 on which "the Senegalese Navy,
in the course of unjustified supervision of the disputed area, took it
upon itself to board foreign fishing vessels, escorting them into the
port of Dakar for trial ...", and recalls that, as the outcome of the
above-mentioned arbitration "was referred to the Court by the Republic of

Guinea-Bissau by an Application alleging its inexistence and lack of
validity, the area remains, pending the decision of the Court and pending
its delimitation between the two States, a disputed area in which neither
Party may effect any act of sovereignty". It accordingly requests, pursuant to Article 41 of the Statute of

the Court and Article 74 of the Rules of Court, the indication of the
following provisional measures:

"In order to safeguard the rights of each of the

Parties, they shall abstain in the disputed area from any
act or action of any kind whatever, during the whole
duration of the proceedings until the decision is given by
the Court."

NOTE FOR THE PRESS

1. The public sitting(s) will be held in the Great Hall of Justice

of the Peace Palace. Members of the Press will be entitled to attend on
presentation of an admission card, which may be obtained upon
application. The tables reserved for them are situated on the far left
of the public entrance of the courtroom.

2. Photographs may be taken before the opening, during the first

five minutes of the sittings; and also for a few minutes towards the
end. Filming for cinema or television purposes is however subject to
special authorization.

3. In the Press Room, located on the ground floor of the

Peace Palace (Room 51, the oral proceedings will be relayed through a
loudspeaker .

4. Members of the Press may use only the public telephones in the
Post Office in the basement of the Palace.

5. Mr. Witteveen, Secretary of the Court (telephone extension 233)
or, in his absence, Mrs. El-Erian (telephone extension 234), will be
available to deal with any requests for information by members of the
Press.