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The Enrica Lexie Incident

Arbitration Tribunal.  29 April 2016 .

Published online by Cambridge University Press:  01 January 2021

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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

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