This article examines the context of the international tribunal order passed at the itlos on italys request for provisional measures in the mv enrica lexie case. Solemn declaration by judge ad hoc public sitting to be held on saturday, 8 august. Our study reveals that the notion of article 290that the interests of both parties must be assuredhas been complied with by the innovative order of the pca tribunal. In the year 2012 one such incident happened in the.
Jurisdictional and immunity issues in the story of enrica. It is rare that itlos and the annex vii arbitral tribunal prescribed different provisional measures in the same dispute. Three years have passed since the the enrica lexie case gave rise to the controversy between italy and india. The enrica lexie case at the permanent court of arbitration. This note examines the recent orders for provisional measures delivered by, both, the itlos and the pca arbitral tribunal under article 290 of the unclos in the enrica lexie case italy v india. If we look into the context of maritime law several incidents can be seen where a foreign vessel has violated certain rules and regulation of another country, on voyage. Aug 24, 2015 c it is italy that has exclusive jurisdiction over the enrica lexie and over the italian marines in connection with the enrica lexie incident. Pdf the enrica lexie case and the limits of the extraterritorial. International tribunal order on provisional measures in mv enrica lexie case. If we do not consider the enrica lexie accident as covered by the notion of other incidents of navigation, article 97 unclos does not seem to be applicable to the enrica lexie case. A voyage into jurisdictional conflict pdf paperity toggle navigation.
The loosely phrased, and undefined, exclusive flag state jurisdiction principle of the united nations law of the sea convention article 92, has arguably proved to be a red herring for states and. Pdf on mar 1, 2012, valeria eboli and others published the enrica lexie case and the limits of the extraterritorial jurisdiction of india find. In may 2016, the court had allowed sergeant major salvatore girone, the other marine accused in the case, to return to italy on humanitarian grounds until the issue of jurisdiction is decided by the annex vii arbitral tribunal, following the tribunals order of provisional measures on 29 april 2016. Jurisdictional and immunity issues in the story of enrica lexie.
The enrica lexie case is an ongoing international controversy about a shooting that happened off the western coast of india. However, before the court decided, itlos ruling obliged italy and india to suspend any jurisdictional activity concerning enrica lexie case until the. Technical analysis and observations about the case of the oil tanker enrica. The provisional measures in the enrica lexie incident case. The enrica lexie case is an ongoing international controversy about a shooting that happened. Yet, no entente has been reached as the visions of these two states concerning the accident have proved to be irreconcilable. This is not a forum for general discussion of the articles subject put new text under old text. Aug 24, 2015 international tribunal for the law of the sea year 2015 24 august 2015 list of cases. Nov 30, 2015 italys claims in enrica lexie and the existence of a dispute under unclos.
Feb 27, 2017 abrogation of diplomatic immunity by national courts in the enrica lexie case and its effects on international law. The authorities directed the mv enrica lexie to proceed to kochi, kerala police lodged an fir and arrested the marines for murder, and they were then remanded in judicial custody. Apr 17, 2020 case commentary of enrica lexie case author. Further, the analysis of the legal regime and practices dealing with. International law and the peaceful settlement of interstate. Law of the sea and immunity of state officials issues natali n o ro n zitti abstract this article examines the case of the enrica lexie, a commercial ship having on board military personnel engaging in antipiracy duties who was involved in an. When things go terribly wrong claudio perella attorney at law, ls lexjus sinacta, italy. Enrica lexi, indian economic exclusive zone, contiguous zone of india, jurisdiction, evidences, judgement abstract the italian ship enrica lexie shooting incident in the indian coast has gained much importance in diplomatic. Request for the prescription of provisional measures.
Dual provisional measures prescribed by itlos and annex. The first part is the issue of what india communicated to the enrica lexie at the time. Free fulltext pdf articles from hundreds of disciplines, all in one place the enrica lexie and st. Abstract the enrica lexie incident shook both the countries. India the arbitral proceedings were instituted under the united nations convention on the law of the sea unclos on 26 june 2015, when italy served on india a notification under article 287 and annex vii, article 1 of unclos and statement of claim and grounds on which it is based. Nov 30, 2015 in its conclusion, it will discuss the role of considerations of humanity in the case law of law of the sea tribunals, submitting that the enrica lexie case constitutes a test for such concept and an occasion for the further humanisation of the law of the sea. July, 2015 by reuters by suchitra mohanty new delhi, july reuters a case in which two italian. Dual provisional measures prescribed by itlos and annex vii. Tribunal orders parties to suspend all court proceedings which might aggravate or extend the dispute submitted to the annex vii arbitral tribunal itlospress 236. International tribunal order on provisional measures in. Law of the sea, from grotius to the international tribunal for the law of the sea. Enrica lexie not leave port and, on february 17, members of the indian.
The decision in republic of italy v union of india indian fishermen case. Mortified by the shooting of two fishermen by italian marines on board the oil tanker off its coast, where the citizens of india who concerned for their safety while read more about case commentary of enrica lexie. International tribunal for the law of the sea year 2015 24 august 2015 list of cases. India alleged that the two italian marines aboard the italianflagged commercial oil tanker mv enrica lexie killed the fishermen. The enrica lexie incident case provides an insight. In particular, acting as a lawyer of one of the parties, you will be requested to defend your clients position. The enrica lexie dispute between italy and india is one such case. A preliminary analysis raghavendra mishra 01 october 2015 on 24 august 2015, a 21member panel including judge adhoc from italy at the international tribunal of the law of the sea itlos pronounced its order on the italian. A legal analysis of a dispute awaiting arbitration name. Offences committed on foreign ships in indian territorial waters. In any case, this has become an issue of contemplation as the marines are back. The mv enrica lexie was travelling from singapore to egypt with a crew of 34 including 19 indians and accompanied by six italian navy marines, captain of the st antony, freddie louis claimed that his vessel was returning from its fishing expedition in the laccadive sea when men on board the enrica lexie began firing at them without provocation. India the arbitral proceedings were instituted under the united nations convention on the law of the sea unclos on 26 june 2015, when italy served on india a notification under article 287 and annex vii, article 1 of unclos and.
Enrica lexie marines indian murder case may head to international arbitration. The case of the enrica lexie technical analysis analysis of the positions attached document to the document n. Harisankar k s is assistant professor of law, national law university jodhpur, india. The recent supreme court judgment in the enrica lexie case set. Ma dissertation the enrica lexie incident case a legal. Admiralty jurisdiction extends overoffences committed on indian ships on the high seas. Furthermore, as many have underlines, the unclos does not contain rules which can be applied directly to the case in point. In the enrica lexie incident case between italy and india, two judicial organs, i.
The enrica lexie incident, order provisional measures, 24. Enrica lexie called olympic sky since 20 is an italian aframax oiltanker. On 15 february 2012, two indian fishermen were killed off the coast of kerala, india, aboard the st. It is argued that the two marines enjoy functional immunity, even if it is admitted that india has jurisdiction over the case.
International tribunal order on provisional measures in mv. The enrica lexie shooting incident of 2012, off the coast of kerala was a direct fallout of the demarcation. Lotus case facts and judgment, post lotus scenario, enrica lexie indias contention, itlos and the road beyond and the convention for the suppression of unlawful acts against the safety of maritime navigation 1988. One could wonder whether the establishment of the existence of a dispute between italy and india in the enrica lexie case follows the patterns established by itlos on the matter. A fishing boat registered in india, while fishing off the coast of kerala was fired at from a passing italian ship named enrica lexie. However, before the court decided, itlos ruling obliged italy and india to suspend any jurisdictional activity concerning enrica lexie case until the hague arbitration court decides on jurisdiction. Considerations of humanity in the enrica lexie case qil qdi. Functional immunity from jurisdiction italys diplomatic. United nations convention on the law of the sea, 21 july 2015 italys itlos request annex it32. Abrogation of diplomatic immunity by national courts in the. Tribunal to deliver its order on monday, 24 august 2015 at 11 a. This is the talk page for discussing improvements to the enrica lexie case article.
This case is rather significant from the perspective of the application of international law to a situation more precisely a dispute which places. Now comes the case of the enrica lexie, which seems destined to test the lessons of lotus and the international maritime law it engendered the case even has its own wikipedia entry. India request for the prescription of provisional measures. The applicability of the sua convention and its implementing legislation in the court case of the marines. A classic case was the promulgation of high risk areas when piracy was at its peak and dominated media headlines. The decision concerned an incident between the m v enrica lexie, an italian. Analisi dei documenti giudiziari presentati dallindia allitlos in occasione dellarbitrato sulla giurisdizione nel caso relativo ai due fucilieri massimiliano latorre e salvatore girone e allincidente occorso a bordo della petroliera italiana enrica lexie al largo del kerala india. The national investigation agency and the enrica lexie case. Case of enrica lexi and indian jurisdiction rajendra kumar. Italy appealed, before the indian supreme court, against the applicability of sua act on the case enrica lexie. The article concludes that new conventional law is needed for incidents like that of the enrica lexie paralleling article 97 unclos on collisions on the high seas. As a result of this, 2 out of the 11 fishermen were instantaneously killed. In this article, neel vasant of sls, pune does a case analysis of enrica lexie case. In its conclusion, it will discuss the role of considerations of humanity in the case law of law of the sea tribunals, submitting that the enrica lexie case constitutes a test for such concept and an occasion for the further humanisation of the law of the sea.
Mortified by the shooting of two fishermen by italian marines on board the oil tanker off its coast, where the citizens of india who concerned for their safety while read more about case commentary of enrica lexie case. Two killings at sea, an international legal battle. The case revolves around the killing of two indian fishermen by italian. In 2012, the ship was involved in the shooting of two indian fisherman in the laccadive sea. The responsibility of investigation of the enrica lexie case was handed over to the national investigation agency by the ministry of home affairs vide order no. In this blogpost, rounak biswas, student of symbiosis law school, pune and the diploma in entrepreneurship administration and business laws by nujs, writes about, s. Lexie and of the two italian marines massimiliano latorre and salvatore. Disagreements about the exercise of jurisdiction over the case and about the applicable rules of international law have hindered the solution of the controversy. Apr 29, 2016 the first part is the issue of what india communicated to the enrica lexie at the time. Case of enrica lexi and indian jurisdiction rajendra.
Technical analysis and observations about the case of the oil tanker enrica lexie and of the two italian marines massimiliano latorre and salvatore girone jailed in india and accused of the murder of two persons. Court asserts that indias exclusive economic zone, a distance of 200 nautical miles from the shore, high seas where unclos 97 could apply for collisions. Technical analysis and observations about the case of the oil tanker enrica lexie and of the two italian marines massimiliano latorre and salvatore girone jailed in. This entry was posted in chamber of deputies, custom, law of the sea, parliamentarypractice, sources of international law, treaties, treatment of aliens and tagged antipiracy operations.
The enrica lexie case and the limits of the extraterritorial jurisdiction of india. Editorial analysis a case of a maritime presence adrift. The arbitral proceedings were instituted under the united nations convention on the law of the sea unclos on. Pdf on mar 1, 2012, valeria eboli and others published the enrica lexie case and the limits of the extraterritorial jurisdiction of india find, read and cite all the research you need on. Pdf this article takes the developments from the enrica lexie case, currently pending between italy and the republic of india in front of the. The ship was arrested and an fir was registered by the kerala police. The enrica lexie is an italianflagged tanker, which in addition to a crew, had a detachment of six italian marines on board to deter pirate attacks. Union of india, which is the case dealing with the allimportant issue of jurisdiction for the trial of the marines. Aug 24, 20 enrica lexie has come up before the supreme court in two instances one the case of enrica lexie v. Dr catriona drew ma in international studies and diplomacy word count. Apr 26, 2019 in the enrica lexie incident case two orders on provisional measures have been rendered. Ma dissertation the enrica lexie incident case a legal analysis of a dispute awaiting arbitration 1. The enrica lexie was requested by india to proceed to kochi to assist in the investigation of an incident that the indian authorities, in their communication to the vessel, characterised as involving a firing on skiffs suspected of piracy. This article takes the developments from the enrica lexie case, currently pending between italy and the republic of india in front of the international tribunal for the law of the sea itlos and the international arbitral tribunal, in order to analyse some current problems related to the international law of the sea.
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