LUISS

Justice

A. Del Vecchio – The Fight Against Piracy and the Enrica Lexie Case (*)

(*) destinato al Liber Amicorum to honour Judge Hugo Caminos,  in corso di pubblicazione.

 

Abstract:

The Enrica Lexie incident has given rise to two disputes between Italy and India, one concerning a violation of the UNCLOS (United Nations Convention on the Law of the Sea) rules on piracy and criminal jurisdiction in the case of an incident of navigation on the high seas, and the other concerning violation of the international rules on the sovereign functional immunity of military personnel abroad. Regarding the first dispute there is a difference of opinion between Italy and India as to the interpretation of the UNCLOS provisions that govern the jurisdiction of domestic courts to adjudicate on the merits of the case. This has led to a conflict of jurisdiction between the two States that could be resolved by recourse to the compulsory arbitration provided for in Annex VII to the above mentioned Convention, arbitration that can be commenced even by just one of the parties. Regarding the second dispute, by contrast, as there has been a gradual erosion of the principle of sovereign functional immunity of organs of the State, it would appear quite difficult to avail of compulsory dispute resolution mechanisms in that case.

A. Del Vecchio – The Fight Against Piracy and the Enrica Lexie Case

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