In compliance with the appropriate formalities.
45.
Having the Court has established its jurisdiction over the case and has ruled .
it admissible, Article 90(2) of the Rules of the Court also requires that the
appropriate formalities set out in Articles 33, 34 and 35 of the Rules of the
Court be complied with.
46.
Articles 33 and 34 are provisions relating to the constituent elements of an
application that may be accepted by the Court, as well as the details of the
notification protocols, including the methods of notification. On the other
hand, the provisions of Article 35 are instructions for the Defendant
regarding the time limit for responding to an application.
47.
Having carefully examined the documents submitted by the Applicant, the
Court is convinced that the application for judgment by default complies
with the aforementioned
formalities. Furthermore, the application for
default judgment is dated December 2, 2021
and duly served on the
Defendant State, the has not said anything.
Whether the application is well-founded
48.
Article 90(1) of the Rules of the Court orders that judgment by default be
given on behalf of the Applicant when the Defendant fails to appear or file
a defense.
49.
The Court recalls that the granting of an application for judgment by default
is not an obvious question, since the facts must be sufficiently proven. In
other words, the Court must examine the totality of the evidence submitted
by the Applicant in order to determine whether a cause of action exists and
whether the claim has been satisfactorily proved (see VISION KAM JAY
13
GF