77
ELETTRONICA SICULA (JUDGMENT)
ing to a category of public acts from which appeal on juridical grounds
was provided in law (and indeed in the event used, not without success).
Thus, the Mayor's order was consciously made in the context of an operating system of law and of appropriate remedies of appeal, and treated as
such by the superior administrative authority and the local courts. These
are not at al1 the marks of an "arbitrary" act.
130. The Chamber does not, therefore, see in the requisition a measure
which could reasonably be said to eam the qualification "arbitrary", as it
is employed in Article 1 of the Supplementary Agreement. Accordingly,
there was no violation of that Article.
131. Finally, the United States claims that there has been a violation by
Italy of Article VI1 of the FCN Treaty. This long and elaborately drafted
Article, in four paragraphs, is principally concemed with ensuring the
right "to acquire, own and dispose of immovable property or interests
therein within the territories of the other High Contracting Party". The
full text is as follows :
"1. The nationals, corporations and associations of either High
Contracting Party shall be permitted to acquire, own and dispose of
immovable property or interests therein within the territories of the
other High Contracting Party upon the following terms :
(a) in the case of nationals, corporations and associations of the
Italian Republic, the right to acquire, own and dispose of such
property and interests shall be dependent upon the laws and
regulations which are or may hereafter be in force within the
state, territory or possession of the United States of America
wherein such property or interests are situated; and
(b) in the case of nationals, corporations and associations of the
United States of America, the right to acquire, own and dispose of
such property and interests shall be upon terms no less favorable
than those which are or may hereafter be accorded by the state,
territory or possession of the United States of America in which
such national is domiciled, or under the laws of which such corporation or association is created or organized, to nationals, corporations and associations of the Italian Republic; provided that
the Italian Republic shall not be obligated to accord to nationals,
corporations and associations of the United States of America
rights in this connection more extensive than those which are or
may hereafter be accorded within the territories of such Republic
to nationals, corporations and associations of such Republic.