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