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International Court of Justice

Published online by Cambridge University Press:  22 May 2009

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Extract

Case of the Monetary Gold Removed from Rome in 1943: On June 15, 1954, the International Court of Justice rendered a judgment on the preliminary question raised by Italy in the case of the monetary gold removed from Rome in 1943. Italy had asked the Court to declare itself incompetent to determine the first question raised by Italy in its application instituting proceedings; namely, whether or not the United States, United Kingdom, and France should deliver to Italy rather than Albania any share of the monetary gold which might be due to Albania under the Paris Act of January 14, 1946, in partial satisfaction for the damage caused to Italy by the Albanian law of January 13, 1945. Italy felt that the Court could not decide this question without passing judgment upon the international responsibility of Albania to Italy as a result of the Albanian law in question; Italy felt that the Court could not adjudicate such a question without the consent of Albania. Neither the United States nor France deposited formal submissions to the Court on the preliminary question; the United Kingdom, the third defendant in the case, argued that in view of Italy's objection to the competence of the Court, its application instituting proceedings of May 19, 1953, no longer conformed to the conditions or intentions of the tripartite Washington statement of April 25, 1951, and was, therefore, invalid and void. As an alternative, the United Kingdom argued that the action of the Italian government in raising the preliminary question constituted in fact a withdrawal or cancellation of its application.

Type
International Organizations: Summary of Activities: I. United Nations
Copyright
Copyright © The IO Foundation 1954

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References

1 For previous information on this case, see International Organization, VII, p. 406; VIII, p. 129 and 255.

2 Case of the monetary gold removed from Rome in 1943 (Preliminary Question), Judgment of June 15th, 1954: I.C.J. Reports 1954, p. 22.

3 Ibid., p. 24.

4 Ibid., p. 29.

5 Ibid., p. 32–33.

6 Ibid., p. 33, 35.

7 Ibid., p. 35, 37–38.

8 Ibid., p. 39–45.

9 “Électricité de Beyrouth” Company Case, Order of April 8th, 1954: I.C.J. Reports 1954, p. 4.

10 Nottebohm Case, Order of May 8th, 1954: I.C.J. Reports 1954, p. 4.