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Permanent Court of International Justice

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Interpretation of Peace Treaties with Bulgaria, Hungary and Romania

Overview of the case

This case concerned the procedure to be adopted in regard to the settlement of disputes between the States signatories of the Peace Treaties of 1947 (Bulgaria, Hungary, Romania, on the one hand, and the Allied States, on the other). In the first Advisory Opinion (30 March 1950), the Court stated that the countries, which had signed a Treaty providing an arbitral procedure for the settlement of disputes relating to the interpretation or application of the Treaty, were under an obligation to appoint their representatives to the arbitration commissions prescribed by the Treaty. Notwithstanding this Advisory Opinion, the three States, which had declined to appoint their representatives on the arbitration commissions, failed to modify their attitude. A time-limit was given to them within which to comply with the obligation laid down in the Treaties as they had been interpreted by the Court. After the expiry of the time-limit, the Court was requested to say whether the Secretary-General, who, by the terms of the Treaties, was authorized to appoint the third member of the arbitration commission in the absence of agreement between the parties in respect of this appointment, could proceed to make this appointment, even if one of the parties had failed to appoint its representative. In a further Advisory Opinion of 18 July 1950, the Court replied that this method could not be adopted since it would result in creating a commission of two members, whereas the Treaty provided for a commission of three members, reaching its decision by a majority.


This overview is provided for information only and in no way involves the responsibility of the Court.

Request for Advisory Opinion

Request for Advisory Opinion (including the dossier of documents transmitted to the Court pursuant to article 65, paragraph 2 of the Statute)

4 November 1949
Request for Advisory Opinion (including the dossier of documents transmitted to the Court pursuant to article 65, paragraph 2 of the Statute)
Available in:
English French Bilingual

Written proceedings

Written Statements

11 January 1950
Available in:
English French

Oral proceedings

Verbatim record 1950/1

Minutes of the Public Sittings held at the Peace Palace, The Hague, on February 28th, March 1st, 2nd and 30th 1950, the President, M. Basdevant, presiding
Available in:
Original Language

Verbatim record 1950/3

Minutes of the Public Sittings held at the Peace Palace, The Hague, on June 27th and 28th and July 18th 1950, the President, M. Basdevant, presiding
Available in:
Original Language

Orders

Order of 7 November 1949

Fixing of time-limit: Writte Statements (First phase)
Available in:
English French Bilingual

Order of 5 May 1950

Fixing of time-limit: Writte Statements (Second Phase)
Available in:
English French Bilingual

Advisory opinions

Summaries of Advisory Opinions and Orders

Summary 1950/2

Summary of the Advisory Opinion of 30 March 1950
Available in:
English French

Summary 1950/4

Summary of the Advisory Opinion of 18 July 1950
Available in:
English French

Press releases

Press release 1949/20

5 November 1949
Interpretation of the Peace Treaties with Bulgaria, Hungary and Romania - The General Assembly requests an Advisory Opinion
Available in:
English French

Press release 1950/3

20 January 1950
Interpretation of Peace Treaties with Bulgaria, Hungary and Romania - The Court will hold public hearings beginning 28 February 1950
Available in:
English French

Press release 1950/8

23 February 1950
Interpretation of Peace Treaties with Bulgaria, Hungary and Romania - List of Governments who have submitted written statements and who have announced that oral statements would be presented on their behalf
Available in:
English

Press release 1950/9

25 February 1950
Interpretation of Peace Treaties with Bulgaria, Hungary and Romania - Background information
Available in:
English

Press release 1950/10

28 February 1950
Interpretation of Peace Treaties with Bulgaria, Hungary and Romania - Beginning of public hearings - Statement by Dr. Ivan S. Kerno
Available in:
English

Press release 1950/12

1 March 1950
Interpretation of Peace Treaties with Bulgaria, Hungary and Romania - Statement by Mr. Benjamin Cohen (U.S.)
Available in:
English

Press release 1950/13

2 March 1950
Interpretation of Peace Treaties with Bulgaria, Hungary and Romania - Statement by Mr. G. G. Fitzmaurice (U.K.) - Public hearing concluded
Available in:
English

Press release 1950/18

27 March 1950
Interpretation of Peace Treaties with Bulgaria, Hungary and Romania - The Court will give its Advisory Opinion on 30 March 1950
Available in:
English French

Press release 1950/19

30 March 1950
Interpretation of Peace Treaties with Bulgaria, Hungary and Romania - Advisory Opinion of the Court of 30 March 1950
Available in:
English French

Press release 1950/21

6 May 1950
Interpretation of Peace Treaties with Bulgaria, Hungary and Romania - Fixing of the time-limit for the filing of written statements on the second phase of the case
Available in:
English French

Press release 1950/23

6 June 1950
Interpretation of Peace Treaties with Bulgaria, Hungary and Romania - Two Governments have filed written statements
Available in:
English French

Press release 1950/24

9 June 1950
Interpretation of Peace Treaties with Bulgaria, Hungary and Romania - The Court will hold a public hearing on 27 June 1950 to hear the oral statements on the second phase of the case
Available in:
English French

Press release 1950/25

23 June 1950
Interpretation of Peace Treaties with Bulgaria, Hungary and Romania - The Secretary-General of the United Nations and two Governments will present an oral statement
Available in:
English French

Press release 1950/26

27 June 1950
Interpretation of Peace Treaties with Bulgaria, Hungary and Romania - Public hearings of 27 June 1950
Available in:
English French

Press release 1950/27

28 June 1950
Interpretation of Peace Treaties with Bulgaria, Hungary and Romania - Public hearing of 28 June 1950
Available in:
English French

Press release 1950/31

13 July 1950
Interpretation of Peace Treaties with Bulgaria, Hungary and Romania - The Court will give its Advisory Opinion on the second phase of the case on 17 July 1950
Available in:
English French

Press release 1950/32

14 July 1950
Interpretation of Peace Treaties with Bulgaria, Hungary and Romania - Change in the date of the reading of the Advisory Opinion
Available in:
English French

Press release 1950/33

18 July 1950
Interpretation of Peace Treaties with Bulgaria, Hungary and Romania - Advisory Opinion of the Court of 18 July 1950 on the second phase of the case
Available in:
English French

Correspondence

Correspondence

31 October 1949
Correspondence
Available in:
English French