Usa v. Italy (The Elsi Case)
Usa v. Italy (The Elsi Case)
In its judgment, the Chamber of the Court 1Formed to deal "IN FAVOUR: President Ruda; Judges Oda, Ago and Sir
with the case concerning Elelmnica Sicula :3.p.A. (ELSI) Robrt Jennings.
rejected an Italian objection to the admissibility of the Appli- "AGAINST: Judge Schwebel."
cation and found that Italy had not commind any of the
breaches, alleged by the United States, of the 'Treaty of
Friendship, Commerce and Ndvigation betwtxn the Parties
signed at Rome on 2 February 1989 or the Aj,pennent Sup-
plementing that Treaty. It acocbrdingly rejected the claim to
reparation made by the United States. Judge Oda appended a separate opinion and Judge
Schwebel a dissenting opinion to the Judgment.
In these opinions the Judges concerned stated and
explained the p~sitionsthey adopted in regard to certain
points dt:alt with in the Judgment.
The Chamber was composed as follows: Piresihnt Rub,
Judges Oda, Ago, Schwebel and Sir robe^ Jannings.