Written answers of Libya to the questions posed by members of the Court during the oral proceedings

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CORRESPONDANCE 295

La Libye, signataire de la convention sur le droit de la mer de 1982, nesaurait

valablement contester la validité desr6giescodifiéespar cette convention.

44.THE AGENT OF THE LIBYANARAB JAMAHlRlYA
TO THE REGISTRAR

19June 1985.

1have the honour to fwnish the Court with Libva'sresnonses to the auestions
put to Libya hy Judge Elias and Judge Oda.

These responses are attached hereto.

Libye'sResponseto the Question 1of JudgeEliw

During the second sessionJudge Elias put the followingquestion to Libya:

Does your insistenci that the Judgment is final and binding on the Parties
refer to the whole of the dispositif, including the line proposed by the Court
in paragraph 133C (2)? If so, how do you see the relation between Article
60 of the Statute of the Court and the role of the Parties envisaged in
Article IIIof the Special Agreement?

The answer to the first part of Judge Elias'question is clear. The insistence of
Lihya that the Judgment is final and binding on the Parties refers to the whole
of the dispositif, including the line proposed by the Court in paragraph 133
C (2). Libya believes that the Court indicated with finality the line tobe fol-
lowed in the first sector leaving to the experts of the Parties only the technical
task of plotting this line on a map.
Tunisia has not made a bonajide attempt to agree on points of explanation
or clarification for the purpose of ajoint request to the Court under Article II1
of the Special Agreement. Such a joint request is a necessary condition for
return to the Court under Article III. The failure of Tunisia to attempt to

specify the point or points of explanation or clarification for the purposes of a
joint request could wellbe regarded as debamng Tunisia's resort to Article 60 of
the Statute. Libya, however, has chosen not to rely on what might be regarded
by Tunisia as a purely technical bar to the present Application. Libya believes
that the Application is so lacking in merit that Libya bas preferred to oppose it.

Libya'sResponseto the Questions1of Judge Oda
In his oral statement to the Court during the afternoon session of Tuesday, 18
June 1985,Professor Bowett responded directly to the questions put hy Judge
Oda.

In this regard, reference is made to pp. 265-266,supra.

Sec p.145,supra.

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Written answers of Libya to the questions posed by members of the Court during the oral proceedings

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