In re Arbitration Between the Italian Republic and the Republic of India Concerning the “Enrica Lexie” Incident
Publikation: Beiträge in Zeitschriften › Übersichtsarbeiten › Forschung
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in: American Journal of International Law, Jahrgang 115, Nr. 3, 07.2021, S. 513-519.
Publikation: Beiträge in Zeitschriften › Übersichtsarbeiten › Forschung
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TY - JOUR
T1 - In re Arbitration Between the Italian Republic and the Republic of India Concerning the “Enrica Lexie” Incident
AU - Devaney, James G.
AU - Tams, Christian J.
PY - 2021/7
Y1 - 2021/7
N2 - 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.
AB - 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.
KW - Law
KW - United nations convention on the law of the sea
KW - jurisdiction
KW - incidental jurisdiction
KW - immunity for official acts
KW - exclusive jurisdiction of flag state
UR - http://www.scopus.com/inward/record.url?scp=85130935293&partnerID=8YFLogxK
U2 - 10.1017/ajil.2021.25
DO - 10.1017/ajil.2021.25
M3 - Scientific review articles
AN - SCOPUS:85130935293
VL - 115
SP - 513
EP - 519
JO - American Journal of International Law
JF - American Journal of International Law
SN - 0002-9300
IS - 3
ER -