Proceedings in the case of certain

Proceedings in the case of certain Norwegian loans, between France and Norway, had been
instituted by an Application of the French Government which requested the Court to adjudge
that certain loans issued on the French market and on other foreign markets by the Kingdom of
Norway, the Mortgage Bank of the Kingdom of Norway and the Smallholding and Workers'
Housing Bank, stipulated in gold the amount of the borrower's obligation and that the borrower
could only discharge the substance of his debt by the payment of the gold value of the coupons
and of the redeemed bonds. The Application expressly referred to Article 36(2) of the Statute of
the Court and to the Declarations of Acceptance of the compulsory jurisdiction made by France
and by Norway. For its part, the Norwegian Government raised certain Preliminary Objections
which, at the request of the French Government which the Norwegian Government did not
oppose, the Court joined to the merits.
In its Judgment the Court upheld one of the grounds relied upon by Norway, which the Court
considered more direct and conclusive: the Objection to the effect that Norway was entitled, by
virtue of the condition of reciprocity, to invoke the reservation relating to national jurisdiction
contained in the French Declaration, and that this reservation excluded from the jurisdiction of
the court the dispute which has been referred to it by the Application of the French Government.
Considering that it was not necessary to examine the other Norwegian Objections or the other
submissions of the Parties, the Court found by twelve votes to three that it was without
jurisdiction to adjudicate upon the dispute.
Judge Moreno Quintana declared that he considered that the Court was without jurisdiction for a
reason different from that given in the Judgment. Vice President Badawi and Judge Sir Hersch
Lauterpacht appended to the Judgment of the Court statements of their individual opinions.
Judges Guerrero, Basdevant and Read appended to the Judgment of the Court statements of
their dissenting opinions.

Hasil (Bahasa Indonesia) 1:

Proceedings in the case of certain Norwegian loans, between France and Norway, had beeninstituted by an Application of the French Government which requested the Court to adjudgethat certain loans issued on the French market and on other foreign markets by the Kingdom ofNorway, the Mortgage Bank of the Kingdom of Norway and the Smallholding and Workers'Housing Bank, stipulated in gold the amount of the borrower's obligation and that the borrowercould only discharge the substance of his debt by the payment of the gold value of the couponsand of the redeemed bonds. The Application expressly referred to Article 36(2) of the Statute ofthe Court and to the Declarations of Acceptance of the compulsory jurisdiction made by Franceand by Norway. For its part, the Norwegian Government raised certain Preliminary Objectionswhich, at the request of the French Government which the Norwegian Government did notoppose, the Court joined to the merits.In its Judgment the Court upheld one of the grounds relied upon by Norway, which the Courtconsidered more direct and conclusive: the Objection to the effect that Norway was entitled, byvirtue of the condition of reciprocity, to invoke the reservation relating to national jurisdictioncontained in the French Declaration, and that this reservation excluded from the jurisdiction ofthe court the dispute which has been referred to it by the Application of the French Government.Mengingat bahwa itu tidak perlu memeriksa keberatan Norwegia lainnya atau yang lainkiriman dari pihak, pengadilan yang ditemukan oleh dua belas suara untuk tiga itu tanpayurisdiksi untuk mengadili berdasarkan sengketa.Menilai Moreno Quintana menyatakan bahwa ia menganggap bahwa pengadilan itu tanpa yurisdiksi untukalasan berbeda dari yang diberikan dalam penghakiman. Wakil Presiden Badawi dan hakim Sir HerschLauterpacht ditambahkan kepada penghukuman atas pernyataan pengadilan pendapat individu mereka.Hakim Guerrero, Basdevant dan membaca ditambahkan kepada penghukuman Laporan Lapanganpendapat berbeda mereka.