1 Submitted to the Registrar of the International Court of Justice on November 29, 1979.

* Articles II and III of the Protocols to the Vienna Conventions on Diplomatic Relations and Consular Relations both provide that the parties may agree on alternate procedures—arbitration or conciliation—in lieu of proceeding directly to the Court. The parties have not exercised these options in this case; no such agreements have been made. Indeed, the Iranian authorities have refused to discuss the dispute—still less modes of settlement of it—with United States emissaries.

The terms of the Preambles to both Protocols demonstrate the intent of the Protocols to make recourse to the Court unconditional and not dependent upon joint pursuit by the parties of the options of arbitration or conciliation. They provide that: “Expressing their wish to resort in all matters concerning them in respect of any dispute arising out of the interpretation or application of the Convention to the compulsory jurisdiction of the International Court of Justice, unless some other form of settlement has been agreed upon by the parties within a reasonable period. . . .” (Emphasis supplied.)