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III. | The International Court of Justice |
3. | THE PROCEDURE OF THE INTERNATIONAL COURT OF JUSTICE |
3.2. | Procedure before a Chamber Dealing with a Particular Case (Article 26, Paragraph 2, of the Statute) |
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Elettronica Sicula S.p.A. (ELSI)
Judgement of 20 July 1989
I.C.J. Reports 1989, p. 15
"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.