Arbitral Tribunal Constituted under Annex vii of the 1982 United Nations Convention on the Law of the Sea, Permanent Court of Arbitration Case No. 2015–28, The Italian Republic v. The Republic of India Concerning the “Enrica Lexie” Incident, Provisional Measures, Order of 29 April 2016

2016 ◽  
Vol 1 (2) ◽  
pp. 273-275
Author(s):  
Lorenzo Schiano di Pepe
Keyword(s):  
United Nations ◽  
Law Of The Sea ◽  
Arbitral Tribunal ◽  
United Nations Convention ◽  
The Law ◽  
The Republic

The Award in the Matter of an Arbitration Concerning The “Enrica Lexie” Incident (Perm. Ct. Arb.)

2021 ◽  
pp. 1-110
Author(s):  
Sindhura Natesha Polepalli
Keyword(s):  
United Nations ◽  
Law Of The Sea ◽  
Arbitral Tribunal ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
Arbitral Proceedings ◽  
The Republic

On June 26, 2015, the Italian Republic (Italy) commenced arbitral proceedings under the United Nations Convention on the Law of the Sea (UNCLOS) by serving on the Republic of India (India) a Notification under Article 287 and Annex VII, Article 1 of UNCLOS and Statement of Claim (Notification and Statement of Claim) in respect of the dispute concerning the Enrica Lexie incident. On July 2, 2020, having issued its Award to Italy and India (the Parties), the Arbitral Tribunal (Tribunal) published the operative part or the “dispositive” of the Award at the Permanent Court of Arbitration, which acts as registry for the proceedings.

Arctic Sunrise Arbitration (Netherlands v. Russia) (Perm. Ct. Arb.)

2016 ◽  
Vol 55 (1) ◽  
pp. 1-73 ◽  
Author(s):  
Theodore Kill
Keyword(s):  
United Nations ◽  
Ad Hoc ◽  
Law Of The Sea ◽  
Arbitral Tribunal ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

An ad hoc arbitral tribunal convened pursuant to Article 287 and Annex VII of the United Nations Convention on the Law of the Sea (UNCLOS) delivered its award on the merits on August 14, 2015 in Arctic Sunrise (Netherlands/Russia). The award was unanimous on all holdings and included no separate opinions. In addition to establishing the Tribunal’s jurisdiction and admissibility of the claims, the Tribunal also found that Russia had violated its obligations under UNCLOS by detaining the Arctic Sunrise, a Dutch-flagged vessel, and the thirty people (Arctic 30) on board on September 19, 2013; by failing to comply with an earlier order on provisional measures; and by failing to pay its share of the arbitral expenses.

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

2021 ◽  
Vol 115 (3) ◽  
pp. 513-519
Author(s):  
James G. Devaney ◽  
Christian J. Tams
Keyword(s):  
United Nations ◽  
Law Of The Sea ◽  
Loss Of Life ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
The Republic

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.

6 Applications for Provisional Measures

2021 ◽  
Author(s):  
Kittichaisaree Kriangsak
Keyword(s):  
United Nations ◽  
Marine Environment ◽  
The Other ◽  
Law Of The Sea ◽  
Arbitral Tribunal ◽  
International Tribunal ◽  
The Third ◽  
United Nations Convention ◽  
The Law ◽  
The One

This chapter assesses applications for provisional measures of protection under the 1982 United Nations Convention on the Law of the Sea (UNCLOS). At the Third UN Conference on the Law of the Sea, the need for courts or tribunals having jurisdiction under UNCLOS to have the power to prescribe provisional measures was beyond dispute although there was considerable debate concerning the details of the regime associated with such measures. The finally adopted Article 290 of UNCLOS, under the heading ‘Provisional measures’, represents the best possible compromise. Provisional measures are divided into provisional measures prescribed by the International Tribunal for the Law of the Sea (ITLOS) under Article 290(1) pending ITLOS’ judgment on the merits of the dispute, on the one hand, and provisional measures prescribed by ITLOS under Article 290(5) pending the constitution of an arbitral tribunal to which a dispute is being submitted, on the other hand. The request for the prescription of provisional measures shall be in writing and specify the measures requested, the reasons therefor, and the possible consequences, if the request is not granted, for the preservation of the respective rights of the parties or for the prevention of serious harm to the marine environment.

scholarly journals Mapping ocean-state Mauritius and its unlaid ghosts: Hydropolitics and literature in the Indian Ocean

2020 ◽  
Vol 32 (1-2) ◽  
pp. 117-131
Author(s):  
Kumari Issur
Keyword(s):  
Indian Ocean ◽  
United Nations ◽  
Exclusive Economic Zone ◽  
Law Of The Sea ◽  
The Indian Ocean ◽  
United Nations Convention ◽  
Economic Zone ◽  
The United Nations ◽  
The Law ◽  
The Republic

In the wake of what has been termed “the scramble for the oceans,” the Republic of Mauritius lodged an application in 2012 with the United Nations Convention on the Law of the Sea (UNCLOS) to recognize its rights to an Exclusive Economic Zone that comprises a large expanse of the Indian Ocean, and subsequently redefined itself as an ocean-state. This new configuration raises as many issues as it answers. The Indian Ocean remains firmly central both to Mauritian history and to its imaginary. All at once, the endless fluidity of the ocean renders material traces and academic archeology harder, yet somehow it traps and sediments memory and meaning in some ways more profoundly than land. This article bores and drills into the historical, geopolitical, and ontological depths of ocean-state Mauritius with the figure of the ghost as motif, metaphor, and witness.

Arctic Sunrise Arbitration (Netherlands/Russia) (Award on Compensation) (Perm. Ct. Arb.)

2018 ◽  
Vol 57 (4) ◽  
pp. 553-582
Author(s):  
Theodore Kill
Keyword(s):  
The Netherlands ◽  
United Nations ◽  
Ad Hoc ◽  
Law Of The Sea ◽  
Arbitral Tribunal ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

An ad hoc arbitral tribunal convened pursuant to Article 287 and Annex VII of the United Nations Convention on the Law of the Sea (UNCLOS) delivered its award on compensation on July 10, 2017, in Arctic Sunrise (Netherlands/Russia). The award was unanimous on all holdings and included no separate opinions. The Tribunal awarded the Netherlands just under EUR 5.4 million under four separate heads of damages arising out of Russian violations of its obligations under UNCLOS that were established in the Tribunal's award of August 15, 2015.

Provisional Measures in the “Enrica Lexie” Case

2017 ◽  
Vol 16 (3) ◽  
pp. 413-436
Author(s):  
Ravindra Pratap
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Law Of The Sea ◽  
Arbitral Tribunal ◽  
International Tribunal ◽  
Coastal State ◽  
Legal Development ◽  
Small Measure ◽  
United Nations Convention ◽  
The Law

Abstract “Enrica Lexie” is yet another landmark case under the United Nations Convention on the Law of the Sea (unclos). The provisional measures prescribed by the International Tribunal for the Law of the Sea (itlos) and the Annex vii Arbitral Tribunal share a discernibly significant commonality of result, if not a demonstrably identical approach to the issues contested between the flag state and the coastal state. There was no express finding by itlos on urgency other than in terms of prejudice to the rights of the parties. Whether the Arbitral Tribunal’s Order preserved the parties’ rights would depend in no small measure upon the nature and effectiveness of its decision on the merits. Perhaps the most important common legal development is the appreciation of human rights considerations. While their application might remain a matter of contestation, it would be difficult to characterize the Orders as unfair both for provisional measures as a temporary remedy and for their perceived bearings on the merits of the case.

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