Monthly archive November, 2015

Considerations of humanity in the Enrica Lexie Case

1. Introduction The Order by the International Tribunal for the Law of the Sea (ITLOS or Tribunal) in the Enrica Lexie case[1] has provided the first opportunity for judicial scrutiny of the dispute that has involved India and Italy over the past four years. The order was rendered following a request for the prescription of...

Establishing the existence of a ‘dispute’ under UNCLOS at the provisional measures stage: the Enrica Lexie case

1. Introduction: The Enrica Lexie ‘dispute’ Article 290 of the United Nations Convention on the Law of the Sea[1] empowers an international court or tribunal having jurisdiction under Part XV to prescribe provisional measures pending the final decision of a dispute on the merits.[2] In addition, under Article 290(5) UNCLOS, the International Tribunal for the...

Assessing the requirements for the indication of provisional measures by ITLOS: The order of 24 August 2015 in the Enrica Lexie case

Introduced by Paolo Palchetti and Maurizio Arcari   On 24 August 2015, the International Tribunal for the Law of the Sea (‘ITLOS’) rendered an order on a request by Italy for the prescription of provisional measures under Article 290(5) UNCLOS. The case concerned a dispute between Italy and India relating to the exercise of jurisdiction...

Forgetting Article 103 of the UN Charter? Some perplexities on ‘equivalent protection’ after Al-Dulimi

1. Introduction While approaching the question from different perspectives, both the papers of Maura Marchegiani and Luigi Palombella converge in praising the judgment rendered by the second section of the European Court of Human Rights (ECtHR) in the Al-Dulimi case.[1] Their assessment is of course justified, if not only for the basic fact that the...