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World Court Digest

III. The International Court of Justice
5.4. Procedure

¤ Applicability of the Obligation to Arbitrate
under Section 21 of the United Nations
Headquarters Agreement of 26 June 1947
Order of 9 March 1988

[pp. 4-5] Whereas the preambular paragraphs of resolution 42/229 B indicated (inter alia) that "the constraints of time ... require the immediate implementation of the dispute settlement procedure in accordance with section 21 of the Agreement", that account should be taken of "the provisions of the Statute of the International Court of Justice, in particular Articles 41 and 68 thereof", and the decision to request an advisory opinion was made "taking into account the time constraint";

Whereas resolution 42/229 B, while it contains in its preamble a reference to Article 41 and 68 of the Statute, does not constitute a formal request for the indication of provisional measures;
Whereas it is not appropriate, in the circumstances of the case, for the Court to consider whether or not provisional measures may be indicated in proceedings on a request for advisory opinion;
Whereas the Court takes note that the General Assembly, at the meeting at which it adopted resolution 42/229 B requesting an advisory opinion of the Court also adopted resolution 42/229 A, by which it
"Calls upon the host country to abide by its treaty obligations under the Agreement and to provide assurance that no action will be taken that would infringe on the current arrangements for the official functions of the Permanent Observer Mission of the Palestine Liberation Organization to the United Nations in New York";

Whereas in the light of the indications given by the General Assembly in the resolution the Court finds that an early answer to the request would be desirable, as contemplated by Article 103 of the Rules of Court, and that accordingly all necessary steps should be taken to accelerate the procedure;