In re Arbitration between the Italian Republic and the Republic of India concerning the “Enrica Lexie” incident

Devaney, J. G. and Tams, C. J. (2021) In re Arbitration between the Italian Republic and the Republic of India concerning the “Enrica Lexie” incident. American Journal of International Law, 115(3), pp. 513-519. (doi: 10.1017/ajil.2021.25)

Abstract

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.

• Item Type: Articles
• Status: Published
• Refereed: Yes
• Glasgow Author(s) Enlighten ID: Devaney, Dr James and Tams, Professor Christian
• Authors: Devaney, J. G., and Tams, C. J.
• Subjects: K Law > KZ Law of Nations
• College/School: College of Social Sciences > School of Law
• Journal Name: American Journal of International Law
• Journal Abbr.: AJIL
• Publisher: Cambridge University Press
• ISSN: 0002-9300
• ISSN (Online): 2161-7953
• Published Online: 21 July 2021
• Copyright Holders: Copyright © 2021 The Authors
• First Published: First published in American Journal of International Law 115(3): 513-519
• Publisher Policy: Reproduced in accordance with the publisher copyright policy