Hostname: page-component-cd9895bd7-p9bg8 Total loading time: 0 Render date: 2024-12-23T17:35:27.393Z Has data issue: false hasContentIssue false

The Enrica Lexie Incident

Arbitration Tribunal.  29 April 2016 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

Arbitration — Provisional measures — United Nations Convention on the Law of the Sea, 1982 (“UNCLOS”) Part XV and Annex VII — UNCLOS Article 290(1) — Prima facie jurisdiction — Urgency — Preservation of the respective rights of both Parties — Considerations of humanity — UNCLOS Articles 283, 290 — Admissibility — Exchange of views — Whether request for prescription of provisional measures before Annex VII arbitration tribunal attempting to modify or revise provisional measure prescribed by International Tribunal for the Law of the Sea — Unilateral undertaking made in proceedings before the tribunal — Undertakings giving rise to binding obligation under international law

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

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)