In re Arbitration Between the Italian Republic and the Republic of India Concerning the “Enrica Lexie” Incident

Publikation: Beiträge in ZeitschriftenÜbersichtsarbeitenForschung

Authors

On May 21, 2020, a Tribunal established under Annex VII of the United Nations Convention on the Law of the Sea (UNCLOS) rendered an Award regarding the 2012 Enrica Lexie incident, which involved the death of two Indian fishermen at the hands of Italian Marines. The Award is lengthy and wide-ranging, finding that: (1) Italy and India had concurrent jurisdiction over the incident; (2) the Tribunal had incidental jurisdiction to determine the immunity of the Italian Marines; (3) the Marines enjoyed immunity as state officials; but nevertheless that (4) India was entitled to compensation for the loss of life, physical harm, damage to property, and moral harm. The Award has been received more positively by Italy than India, but neither party has indicated that they intend to do anything other than comply with it.
OriginalspracheEnglisch
ZeitschriftAmerican Journal of International Law
Jahrgang115
Ausgabenummer3
Seiten (von - bis)513-519
Anzahl der Seiten7
ISSN0002-9300
DOIs
PublikationsstatusErschienen - 07.2021

DOI