Hostname: page-component-848d4c4894-2pzkn Total loading time: 0 Render date: 2024-06-03T11:53:48.970Z Has data issue: false hasContentIssue false

The Enrica Lexie Incident

Arbitration Tribunal.  24 August 2015 .

Published online by Cambridge University Press:  01 January 2021

Get access

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

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.)