2. mirsuant to Article 40, paragraph 2, of the Statute, the Application was at
once communicated to the Government of the Republic of Italy. In accordance
with paragraph 3 of that Article, al1 other States entitled to appear before the
Court were notified of the Application.
3. By a telegram dated 13 Febmary 1987 the Minister for Foreign Affairs of
Italy informed the Court that his Government accepted the proposal put forward by the Government of the United States that the case be heard by a Chamber composed in accordance with Article 26 of the Statute; this acceptance was
confirmed by a letter dated 13 Febmary 1987 from the Agent of Italy.
4. By an Order dated 2 March 1987, the Court, after recalling the request for
a Chamber and reciting that the Parties had been duly consulted as to the composition of the proposed Chamber in accordance with Article 26, paragraph 2,
of the Statute and Article 17, paragraph 2, of the Rules of Court, decided to
accede to the request of the Governments of the United States of America and
Italy to form a special Chamber of five judges to deal with the case, declared
that at an election held on that day President Nagendra Singh and Judges Oda,
Ago, Schwebel and Sir Robert Jennings had been elected to the Chamber, and
declared a Chamber to deal with the case to have been duly constituted by the
Order, with the composition indicated.
5. The Court further fixed time-limits, by the said Order, for the filing of a
Memorial by the United States of America and a Counter-Memorial by Italy,
which were duly filed within the time-limits. In its Counter-Memorial, Italy
presented an objection to the admissibility of the Application; by letters addressed to the Registrar on 16 November 1987, the Parties agreed, with reference to Article 79, paragraph 8, of the Rules of Court, that the objection should
"be heard and determined within the framework of the merits". By an Order
dated 17 November 1987, the Chamber took note of that agreement, found that
the filing of further pleadings by the Parties was necessary, authorized the
filing of a Reply by the United States of America and a Rejoinder by Italy,
and fixed time-limits for these; the Reply and Rejoinder were duly filed
within those time-limits.
6. On I l December 1988 Judge Nagendra Singh, President of the Chamber,
died. Following further consultations with the Parties with regard to the composition of the Chamber in accordance with Article 17, paragraph 2, of the
Rules of Court, the Court, by Order dated 20 December 1988, declared that
Judge Ruda, President of the Court, had that day been elected a Member of
the Chamber to fil1 the vacancy left by the death of Judge Nagendra Singh. In
accordance with Article 18, paragraph 2, of the Rules of Court, President
Ruda became President of the Chamber.
7. At 12 public sittings held between ,13 February and 2 March 1989, the
Chamber was addressed by the following representatives of the Parties:
For the United States ofArnerieu: The Honorable A. D. Sofaer
Mr. M. J. Matheson
Mr. T. E. Ramish
Ms M. P. Chandler
Mr. S. D. Murphy
The Honorable R. N. Gardner
Mr. G. Bisconti
Professor F. Bonelli
Professor E. Fazzalari