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The Enrica Lexie Incident

Arbitration Tribunal.  24 August 2015 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

International tribunals — International Tribunal for the Law of the Sea (“ITLOS”) — Provisional measures — United Nations Convention on the Law of the Sea, 1982 (“UNCLOS”), Article 290(5) — Prima facie jurisdiction of Annex VII arbitration tribunal — Urgency — Plausibility — Preservation of the respective rights of both Parties — UNCLOS Article 283 — Obligation to exchange views — UNCLOS Article 294 — Whether abuse of legal process when proceedings had been instituted in domestic courts — UNCLOS Article 295 — Exhaustion of local remedies — ITLOS Rules, Article 89(5) — Power of ITLOS to award measures other than those requested in the initial application

Sea — United Nations Convention on the Law of the Sea, 1982 — Crimes committed at sea — Jurisdiction — Flag State — State of nationality of persons killed — Exclusive economic zone (“EEZ”) — Indian sailors killed by fire from marines on board Italian-flagged vessel in the Indian EEZ

State immunity — Officials — Service personnel — Italian marines stationed on Italian merchant ship firing on suspected pirates — Whether immune from the jurisdiction of non-Italian courts

Type
Case Report
Copyright
© Cambridge University Press 2018

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