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World Court Digest

III. The International Court of Justice
2.2. Conditions for a Decision on the Merits
2.2.4. Admissibility

¤ Arbitral Award of 31 July 1989,
Judgment, I.C.J. Reports 1991, p. 53

[p. 63] 26. The Court will now consider a contention by Senegal that Guinea-Bissau's Application is inadmissible, insofar as it seeks to use the declaration of President Barberis for the purpose of casting doubt on the validity of the Award (see paragraph 30 below). Senegal argues that that declaration is not part of the Award, and therefore that any attempt by Guinea-Bissau to make use of it for that purpose "must be regarded as an abuse of process aimed at depriving Senegal of the rights belonging to it under the Award". Senegal also contends that the remedies sought are disproportionate to the grounds invoked and that the proceedings have been brought for the purpose of delaying the final solution of the dispute.

27. The Court considers that Guinea-Bissau's Application has been properly presented in the framework of its right to have recourse to the Court in the circumstances of the case. Accordingly, it does not accept Senegal's contention that Guinea-Bissau's Application, or the arguments used in support of it, amount to an abuse of process.