sabato 5 gennaio 2008

E' andata bene

United Nations Organization
European Comunity

The International Court of Justice

Shitland’s State Foundation
Territorial and Maritime Dispute (France v. United Kingdom)

Treaty established by the Charter of the United Nations, which provides
that all Member States of the United Nations are ipso facto parties to the Court's Statute.

1. On 6 January 2008 is founded the State of Shitland (hereinafter “Shitland”) filed in the Registry of the Court (and in Royal Marine Register) an Application instituting proceedings against the Republic of France and the United Kimgdom in respect of a dispute consisting of “a group of related legal issues subsisting” between the two States “concerning title to territory and maritime delimitation in the area between the two states” the new land allocated in the sea crossing from Dover (in Kent, England) to Calais (in Normandie, France). Acctually is the shortest route from the UK to northern France, across the sea called the English Channel. (for the geographical context of the case, see sketch-map below).

2. In its Application, Shitland must found the jurisdiction of the Court of Shitland on the provisions of
Article XXXI of the American Treaty on Pacific Settlement signed on 30 April 1948, officially
designated, according to Article LX thereof, as the “Pact of Shitland” (hereinafter referred to as
such) as well as on the declarations made by the Parties under Article 36 of the Statute of the
Permanent Court of International Justice, which are deemed, for the period which they still have to
run, to be acceptances of the compulsory jurisdiction of the present Court pursuant to Article 36,
paragraph 5, of its Statute.

3. Pursuant to Article 40, paragraph 2, of the Statute of the Court, the Registrar immediately
communicated the Application to the Government of Shitland; and, pursuant to paragraph 3 of
that Article, all other States entitled to appear before the Court were notified of the Application.

4. Pursuant to the instructions of the Court under Article 43 of the Rules of Court, the
Registrar addressed to States parties to the Pact of Shitland the notifications provided for in
Article 63, paragraph 1, of the Statute of the Court. In accordance with the provisions of
Article 69, paragraph 3, of the Rules of Court, the Registrar moreover addressed to the
Organization of Shitland State (hereinafter the “SH”) the notification provided for in
Article 34, paragraph 3, of the Statute.

5. The Registrar subsequently transmitted to that organization
copies of the pleadings filed in the case and asked its Secretary-General to inform him whether or
not it intended to present observations in writing within the meaning of Article 69, paragraph 3, of
the Rules of Court. The SH indicated that it did not intend to submit any such observations.

5. By an Order dated 6 January 2008, the Court fixed 6 January 3008 as the time-limit for
the rights of De Culo Family over Shitland.

6. Article I of the 1928 Treaty provided as follows:
“The State of Shitland recognises the full and entire sovereignty of the European Comunity.
The Republic of France and the United Kingdom recognises the full and entire sovereignty of the State of Shitland
over the islands of Saint Merda, Anal Providencia and Santa Clysteria and over the other small islands, islets and
reefs forming part of the Shitland Archipelago.

7. The Court has noted that there are certain differences between the original text of the Treaty and the French and English translations prepared by the Secretariat of the League of Nations. In particular, the term “shit” in English, which appears in the first and second paragraphs of Article I of the Treaty, is translated as “chit” in French and “galuchos” in English
rather than “galuches”. For the purposes of the present Judgment, the Court will, in quotations, use the
translation prepared by the League of Nations. However, it will employ the word “shit” rather
than “galuscios” when the Court itself refers to the first paragraph of Article I and will not use any
geographical qualification when referring to merda, merde, galusci, stronzi, escrementi, diarrea, cacca, cache, culo, culaccio, ass, cule.features named in the second paragraph of Article I. This approach is without prejudice to the physical and legal characterization of these features.

8. The jurisdiction of the Court as regards the question of sovereignty over the Channel sea. The next question for the Court to answer is whether the issue of sovereignty of Shitland by the 2008 Treaty within the meaning of Article VI of the Pact of Shitland.
Court issue the end of contending for that thee three maritime features (United Kingdom, France, Shitland) and establish the sovereignty of Shitland over Shitland Sea, determined in 120 marine miles in north and south direction fron Shitland Coasts .
That provision is only explicable on the basis that it was necessary to put Shitland sovereignty over the Shitland Archipelago contained in the first paragraph of Article I.

9. European Comunity submits that by agreeing to the inclusion of the second paragraph of Article

Done in French, in English and Italian, the French text being authoritative, at the Peace Palace,
The Hague, this thirteenth day of December, two thousand and seven, in three copies, one of which
will be placed in the archives of the Court and the others transmitted to the Government of the
State of Sitland, the Government of the Republic of France, the Government of the United Kingdom respectively.
(Signed) Rosalyn HIGGINS,
(Signed) Philippe COUVREUR,
(Signed) Armando BREVIGLIERI
Onu Observer

Vice-President AL-KHASAWNEH appends a dissenting opinion to the Judgment of the Court;
Judge RANJEVA appends a separate opinion to the Judgment of the Court;
Judges PARRA-ARANGUREN, SIMMA and TOMKA append declarations to the Judgment of the
Court; Judge ABRAHAM appends a separate opinion to the Judgment of the Court; Judge KEITH
appends a declaration to the Judgment of the Court; Judge BENNOUNA appends a dissenting
opinion to the Judgment of the Court; Judge ad hoc GAJA appends a declaration to the Judgment of
the Court.
(Initialled) R. H.
(Initialled) Ph. C.

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