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...