as arbitraiy in international law - Whether order made in context of operating
system of law and remedies may be arbitrary measure.
Article VI1 of FCN Treaty - Right "to acquire, own and dispose of immovable
property or interests therein" - Difference between English text ("interests'yand
Ztalian text ("diritti reali") - Standards ofprotection laid down by treaty.
JUDGMENT
Present: President RUDA;Judges ODA,AGO, SCHWEBEL,
Sir Robert JENNINGS;
Registrar VALENCIA-OSPINA.
In the case concerning Elettronica Sicula S.P.A. (ELSI),
between
the United States of America,
represented by
The Honorable Abraham D. Sofaer, Legal Adviser, Department of State,
Mr. Michael J. Matheson, Deputy Legal Adviser, Department of State,
as Co-Agents;
Mr. Timothy E. Ramish,
as Deputy Agent;
Ms Melinda P. Chandler, Attorney/Adviser, Department of State,
Mr. Sean D. Murphy, Attorney/Adviser, Department of State,
The Honorable Richard N. Gardner, Ambassador to Italy (1977-1981);
Henry L. Moses Professor of Law and International Diplomacy, Columbia University; Counsel to the Law Firm of Coudert Brothers,
as Counsel and Advocates;
Mr. Giuseppe Bisconti, Studio Legale Bisconti, Rome,
Mr. Franco Bonelli, Professor of Law, Genoa University; Partner, Studio
Legale Bonelli,
Mr. Elio Fazzalari, Professor of Civil Procedure, Rome University; Partner,
Studio Legale Fazzalari,
Mr. Shabtai Rosenne, Member of the Israel Bar; Member of the Institute of
International Law; Honorary Member of the Arnerican Society of International Law,
as Advisers,
and
the Republic of Italy
represented by
Mr. Luigi Ferrari Bravo, Professor of International Law at the University of
Rome; Head of the Legal Service of the Ministry of Foreign Affairs,
as Agent and Counsel;