[5] The Court being satisfied that the question submitted to it for advisory opinion did not
relate to an existing dispute, the second paragraph of Article 71 of the Rules, concerning the
appointment of judges in accordance with Article 31 of the Statute, was not applicable.
[6] By an Order made on January 26th, 1935, the President of the Court - the latter not being in
session - after having first ascertained by correspondence the views of Albania and Greece
with regard to the procedure to be adopted, fixed March 1st, 1935, as the [p7] date by which
written statements might be filed on behalf of these two States. These statements having been
duly filed by the date fixed, the Court decided on March 1st that there should be oral
statements and fixed March nth as the date for their presentation.
[7] In the course of hearings held on March nth and 12th, information was presented in turn by
M. G. Gidel, Professor at the Faculty of Law at Paris, Counsel for the Albanian Government,
by M. N. Politis, Greek Minister at Paris, Counsel for the Greek Government, and by M.
Mehdi Frasheri, President of the Albanian Council of State, the Albanian Agent. The Greek
Agent was M. G. Lagoudakis, Greek Minister at The Hague.
[8] In addition to the statements of the interested Governments and the documents transmitted
by the Secretariat of the League of Nations, the Court has had before it certain documents
collected on its own behalf and expressly mentioned either in the Albanian Memorial or in the
Greek Memorial1.
[9] The submission of the case being in all respects regular, these are the circumstances in
which the Court is now called upon to give its opinion.
***
[10] On December 15th, 1920, the Assembly of the League of Nations adopted the following
recommendation:
“In the event of Albania, the Baltic and Caucasian States being admitted into the League, the
Assembly requests that they should take the necessary measures to enforce the principles of
the Minorities Treaties, and that they should arrange with the Council the details required to
carry this object into effect.”
[11] Albania was subsequently admitted to membership of the League of Nations by a vote of
the Assembly on December 17th, 1920.
[12] The Secretary-General having communicated these decisions to the Albanian
Government, the Prime Minister of Albania, in a letter dated February 9th and a telegram dated
February 13th, 1921, sent him certain information as to the position of Albania with regard to
minorities.
[13] On February 23rd, 1921, the Council decided to include on the agenda of its next session,
which was fixed for June of the same year, the question of the protection of minorities in
Albania. Meantime, the Director of the Permanent Greek Secretariat attached to the League of
Nations sent to the Secretary-General, under cover of a letter dated May 17th, 1921, a
memorandum on this question, to which the Albanian President of the Council, Minister for
Foreign Affairs, replied by a note dated June 21st, 1921. [p8]
[14] In his memorandum the Greek representative raised the question whether, in order to
secure equitable treatment for the racial or religious minorities living in Albanian territory, it
would suffice simply to apply to Albania the general principles laid down in the Minority
Treaties. In regard to this point, the Greek representative, having arrived at the conclusion that