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World Court Digest

III. The International Court of Justice
2.5. Jurisdiction on the Basis of Treaties
2.5.3. Specific Treaties

¤ Elettronica Sicula S.p.A. (ELSI)
Judgment of 20 July 1989
I.C.J. Reports 1989, p. 15

[pp. 41-42] It is common ground between the Parties that the Court has jurisdiction in the present case, under Article 36, paragraph 1, of its Statute, and Article XXVI of the Treaty of Friendship, Commerce and Navigation, of 2 June 1948 ("the FCN Treaty"), between Italy and the United States; which Article reads:
"Any dispute between the High Contracting Parties as to the interpretation or the application of this Treaty, which the High Contracting Parties shall not satisfactorily adjust by diplomacy, shall be submitted to the International Court of Justice, unless the High Contracting Parties shall agree to settlement by some other pacific means."

The jurisdiction is thus confined to questions of "the interpretation or the application" of the FCN Treaty and Protocols and of the Agreement Supplementing the Treaty between the United States of America and the Italian Republic, of 26 September 1951 (which Agreement is hereinafter called "the Supplementary Agreement"), Article IX of which provides that it is to "constitute an integral part" of the FCN Treaty. This same jurisdiction may accordingly be exercised by this Chamber, created by the Court to deal with this case by virtue of Article 26, paragraph 2, of its Statute, and Articles 17 and 18 of its Rules, at the request of and after consultation with the Parties.