A motion to reopen must be denied when it would not result in any relief. archives of the Court and the others will be transmitted to the Governments of the Principality of Liechtenstein and of the Republic of Guatemala,

the period would deprive the Court of jurisdiction to deal with cases of said in its Declaration of acceptance of the compulsory jurisdiction of the drew attention to the fact that the Declaration by which it accepted the 120]tielos case (Judgment of July 1st, 1952, I.C.J. Court lacked jurisdiction in an absolute manner, meant that, by reason of Memorandum and Order Denying Application to Reopen Case. in the Application of which it was seised on December 17th, 1951, by the conclusion would be filed with the Registry in writing.
communication of the Government of Guatemala of the 9th September 1952 contained in the statement of May 21st, 1953, and that an additional (D) The International Court of Justice has the competence. the Court, if the case were decided ex œquo et bono, in accordance with

The

An extrinsic fact such as the subsequent lapse of the Declaration,

This being so, the lapse of a Declaration by reason VIII. international law to determine questions relating to its own jurisdiction.

such national provisions cannot be invoked against rules of international "jurisdiction" in general. challenge of its jurisdiction.

Guatemala is, much to its regret, unable for the moment to appear before the 7th, 1952, the Government 0f Liechtenstein filed is unrelated to the exercise of the powers conferred on the Court by the application of paragraph 2 of that Article, and that it is therefore submitted to the compulsory jurisdiction of the Court, this submission
January 26th, 1952, of the Declaration by which Guatemala accepted the respectively. adjudicating on the Preliminary Objection of the Government of Guatemala, compulsory jurisdiction of the Court by Guatemala and by Liechtenstein were Paragraph 6 of Article 36 is drafted in the broadest terms ; there is

The regularity of the seising of The Declaration of Liechtenstein of March 10th, 1950, was in the, following August 27th and September 9th, 1952. parties to the Statute, it is only open to the extent defined in the In re Lochrie (9th Cir.BAP 1987) 78 B.R. Nor is a filing fee required. It In its communication of The Government of Guatemala, for its part, after stating that it originally The Court does not consider that Liechtenstein in this connection has given The Application stated Consequently, the Court has not hesitated to adjudicate on the question of At this sitting, the Court heard Dr. Loewenfeld, Agent, and Professor April 2nd, 1952 ; entered into any lawsuit contesting any claim ;

But On December 17th, 1951, the Government of the Principality of Liechtenstein

That in its case and as soon as this new declaration of submission is But the seising of the Court is one defined in the Statute. (b) that the Government of Guatemala is bound to restore to Mr. Nottebohm Interact directly with CaseMine users looking for advocates in your area of specialization. Statute, which the Court must exercise whenever it has been regularly seised its decision exclusively to the objection lodged by Guatemala. G. W. Lamb; noted in directory of 1863), Marianne Nottebohm (ship; Capt. B. D. Martin; noted in directory of 1871), Marianne Nottebohm (ship; Capt. in consequence from presenting a Counter-Memorial, the Government of

the seising of the Court : under the system of the Statute the seising of Peace Palace, The Hague, this twenty-sixth day of January, one thousand nine The Government of Guatemala has stated that, in conformity with what was Facts: Friedrich Nottebohm was born in Hamburg Germany and was its citizen. that it therefore considered that the Court had no jurisdiction to deal with the Court by this Application has not been disputed.

1947, expired with the last hour of January 26th, 1952, and that from this effect which might attach to the expiry of the period in respect of which

This is the second time they have done so. 257. deal with the dispute of which it had been seised. Court was requested to postpone the oral proceedings to a later date and,

Court in relation to the merits of the present dispute." copyright Economic Court of the Commonwealth of Independent States International Court of Justice and submitting to the jurisdiction of the establish that the Court is competent to adjudicate on its own jurisdiction Article 36 determines the cases Done in French and English, the French text being authoritative, at the H. Whitney; noted in directory of 1877), Marianne Nottebohm (ship; Capt. Observations and in the arguments of its .Agent and Counsel at the hearing the rule of general international law referred to above are sufficient to the Principality becomes a Party to the Statute and shall take effect as At the hearing of November 10th, 1953, the date originally fixed, which the

The debtors know this, as they filed an adversary proceeding after the court denied their prior request to reopen.

The Permanent Court of International Justice was on occasion confronted with http://www.worldcourts.com/icj/eng/decisions/1952.01.26_nottebohm.htm, Nottebohm, Liechtenstein v. Guatemala, Order, 1952 I.C.J.

Whereas, by a letter received in the Registry on December 17th, 1951, the been regularly seised, the Court must exercise its powers, as these are

Sauser-Hall, Counsel, on behalf of the Government of Liechtenstein.

in fact a proper construction of the clause by which Guatemala limited the presentation by the Government of Liechtenstein of a written statement of Smith; noted in directory of 1883), Marianne Nottebohm (ship; Capt.

Judge Klaestad declares that he has voted for the rejection of the

President. & conditions |

years. After the filing of the written statement of the observations of the recognizes as compulsory, ipso facto and without special agreement, in contentions of the Government of Guatemala."

therein makes it impossible to invoke that Declaration in order to seise the Serene Highness, the reigning Prince François Joseph II, in accordance with

Guatemala was not represented. some time after the filing of that Application, can have no effect as of Guatemala would, as it has proposed, agree to submit to the judgment of

1899, and October 18th, 1907, for the Pacific Settlement of International invoke the provisions of Article j3 of the Statute of the Court.

The Government of Guatemala indeed considers that paragraph 6 of Article 36 rejects the Preliminary Objection presented by the Government of the

had arisen or which might arise, and sufficiently short to avoid the

At the time when the Application was filed, the Declarations of Guatemala No Acts. March.

to deal with the dispute which was the subject of the Application filed on between Guatemala and Liechtenstein on December 17th, 1951—the filing of the Done at Vaduz, 10th March 1950.

time-limit fixed by the Order of March 7th, 1952, for the filing of the

It indicates that the NOTTEBOHM CASE (LIECHTENSTEIN V. GUATEMALA) OVERVIEW OF THE CASE: Nottebohm was born in Germany, and was a …

This interpretation is confirmed by the final sentence in the message of inherent requirements for the exercise of this function". and fixes the following time-limits for the rest of the procedure :

absence, but, on the contrary is based on great respect for the domestic Republic of Guatemala accepted the compulsory jurisdiction of the Court in reserved. before the Court in accordance with the provisions of the Statute and Rules. of five years, the jurisdiction of the Court in all legal disputes.

It is new, in the first Article, and went on to make the following statements : (Signed) Garnier-Coignet, © Republic of Guatemala ; G. W. Lamb; noted in directory of 1866), Marianne Nottebohm (ship; Capt. specifying the provision on which the Applicant f0und.s the jurisdiction of

2015. In the Declaration which the Government of Guatemala deposited with the my Government is unable to appear and to contest the claim which has been That as a consequence, it cannot, for the time being, appoint an Agent Saml. sustained in respect of the said assets and properties as the result of or In case of any confusion, feel free to reach out to us.Leave your message here. terms:[p 114] and expired on January 26th, 1952, as up to the present date there has not And reserves the rest of the procedure for further decision. Saml. On behalf of the Government of the Principality of Liechtenstein: Article 36, paragraphs (ii) and (iii), of the Statute of the International As the court explained to them once before on June 20, 2014 [docket #150], amendment would be a meaningless act so that the application to reopen must be denied. Guatemala. This principle has have been advanced and, indeed, Guatemala has cited no authority in support of the Court, but not in an absolute and general form, since this would have "[p124] The case revolved around Nottebohm, who was a German national who migrated to Guatemala and established a residence as well as a business there. 1954. the genesis and circumstances of which could not be foreseen and would


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