This article examines the case of the Enrica Lexie, a commercial ship having on board military personnel engaging in anti-piracy duties who was involved in an incident with persons on a fishing vessel off the Indian coast. The Enrica Lexie case was an international controversy about a shooting off the western coast of India. The Enrica Lexie Case. On April 9th, 2021, the Supreme Court stated that the criminal cases against the two Italian Marines in the Enrica Lexie case will be ended only if the Republic of Italy deposits the agreed-upon compensation to be paid to the victims of the 2012 sea gunfire event. The Italian ship continued sailing for almost While both parties succeeded with some of their (counter-)claims, the Indian Ministry of External Affairs merely took note of the award, whereas the Italian Ministry of 2 The article aims to show how the case under consideration travelling from Singapore to Egypt and St. Anthony returning back to its destination from a fishing expedition. LTD. V. DASTAK NGO & ORS (2022) and SWARNALATHA & ORS.
The Enrica Lexie case is an ongoing international controversy about a shooting that happened off the western coast of India. Enrica Lexie is yet another landmark case under the United Nations Convention on the Law of the Sea ( UNCLOS ). Critical Analysis of the Enrica Lexie Case and Its - Law India alleged that the two Italian marines aboard the Italian-flagged commercial oil tanker MB Enrica Lexie killed the fishermen. The open fire also endangered the lives of the other nine fishermen and caused some damage to their fishing ship as well. This was informed to the Local Guard and thereby the Indian Coast Guard and the Indian Navy looked into the matter and they found the Enrica Lexie ship. On 26 March 2013, the Minister of Foreign Affairs, Giulio Maria Terzi di Sant'Agata, declared in a speech before the 194-216). by ananyapuri February 2, 2021. by ananyapuri February 2, 2021 103 views.
The schedule for the hearings is as follows: First round of oral argument Monday, 10 August 2015. The St Antony was approximately 20.5 nautical miles off the coast of Kerala, India when the incident occurred. according to italy, the parties dispute arises from an incident that occurred on 15 february 2012 approximately 20.5 nautical miles off the coast of india involving the enrica lexie, an oil tanker flying the italian flag, and indias subsequent exercise of criminal jurisdiction over the incident and over two italian marines from the italian The case has seen far too many twists and turns for comfort: The marines going home twice, once for Christmas and once to cast their vote in the
CHAMBER OF DEPUTIES, XVII LEGISLATURE, 4th MEETING, 26 MARCH 2013 URGENT INFORMATION ON THE RECENT DEVELOPMENTS OF THE CASE OF THE TWO ITALIAN MARINES UNDER CRIMINAL PROCEEDINGS IN INDIA.
The Union government and the main ruling party at the centre have much to explain regarding the Italian marines case. June 2022 [Citations 221 To 261] Faster access than browser! The highly dramatic Enrica Lexie case has finally seen the end of local proceedings in India. V. KALAVATHY & ORS; PRATAP TECHNOCRATS v. 217).
Introduction: The ENRICA LEXIE case is focused on two Italian Marine officers, who were sailing on a private Italian ship named Enrica Lexie as security officers. New Delhi [India], July 2 (ANI): The Ministry of External Affairs on Thursday said that the Arbitral Tribunal, constituted on request of Italy in respect of dispute concerning incident involving Italian tanker Enrica Lexie and Indian fishing vessel St. Anthony in 2012, has held the Itilian military officers of breaching India's freedom of navigation. Of Management. JUDGMENT Manjula Chellur, Ag. The views of the Supreme court on the coastal state jurisdiction with regard to Enrica Lexie incident appears to be final, despite the Court having allowed the Italian marines to re- agitate the jurisdiction issue in the Special Court, which will try the crimes committed by the Italian marines from Enrica Lexie . This was approximately 20.5 nautical miles off the coast of India in the Indian exclusive economic zone (EEZ).
Online 77 (2013). Enrica Lexie Case : Top Stories (Citations 301 to 400) 6 Arbitration Cases Weekly Round-Up: 26 June To 2 July, 2022. 21 May 2020. Pursuant to UNCLOS Article 288, the Tribunals jurisdiction was limited to any dispute concerning the interpretation or application of that convention (para. The Enrica Lexie was intercepted by the Indian Coast Guard at 20.5 nautical miles from the coast of Kerala and compelled to dock at the Kochi Port. Enrica Lexie, was flying the Italian flag. On 15 February 2012, two Indian fishermen were shot dead off the coast of Kerala, India, aboard the St. Antony fishing ship. The highly dramatic Enrica Lexie case has finally seen the end of local proceedings in India. Kumar Raha U, Raju KD (2016) The Enrica Lexie case at the Permanent Court of Arbitration: an analysis. Italian Marine case | Enrica Lexie caseIn this video lecture, Deepak Dutt Mamgain brings you the explanation of Italian Marine Case.
On 15 February 2012, two Indian fishermen were killed off the coast of Kerala, India, aboard St. Antony. Where the Enrica Lexie case presented an array of statutory interpretation and international relations obstacles, these issues are diminished in the AdvanFort context, Citation: Noah Black, Criminal Jurisdiction over Maritime Security in the Indian Ocean, 1 Cornell Intl L.J. In the Arabian Sea on 15 February, 2012, two Indian fishermen on board a fishing vessel (the St Antony ) were killed by shots allegedly fired by two Italian marines on board the Italian oil tanker, the Enrika Lexie. The Enrica Lexie case was an international controversy about a shooting off the western coast of India. the International Tribunal for the Law of the Sea (ITLOS) and the Annex VII Arbitral Tribunal prescribed provisional measures. V. KALAVATHY & ORS; PRATAP TECHNOCRATS v. An Arbitral Tribunal constituted under annex VII to the 1982 UNCLOS. In this case, two Italian marines on detachment aboard a merchant ship killed 2 fishermen from India and were tried for murder.
Export Citation: BiBTeX EndNote RefMan: It is rare that ITLOS and the Annex VII Arbitral Tribunal prescribed different provisional measures in the same dispute. Indian J Int Law 56:221238 CrossRef Google Scholar. In fact, they follow Guilfoyle and cite the continuing validity of the Lotus principle (allowing concurrent jurisdiction over criminal acts occurring on the high seas) to argue [at para 19] that: with the arguments that Italy had previously made in the context of the ITLOS provisional measures ruling in the Enrica Lexie case. Date: 21/05/2020. The Enrica Lexie incident has caused ripples not only in the political and diplomatic circles but also generated debates in the international legal community. On 21 May 2020 the arbitral tribunal constituted under Annex VII of the United Nations Convention on the Law of the Sea (UNCLOS) in the The Enrica Lexie Incident (Italy v. India) rendered its award. The facts surrounding the incident are still contested. From Nottebohm to Lotus to AAPL v Sri Lanka, the list of relatively limited incidents prompting far-reaching judicial and arbitral pronouncements is long.We may now have to add Enrica Lexie to it. View The Enrica Lexie Case.docx from LAW 45 at Lal Bahadur Shastri Inst. Facts of the Case. Union of India and connected cases; Citation: LL 2021 SC 600; V Anantha Raju & Anr v T.M.Narasimhan & Or, Jitul Jentilal Kotecha v. State of Gujarat; Citation: LL 2021 SC 642 Enrica Lexie case; M/S PAHWA PLASTICS PVT. Introduction: The ENRICA LEXIE case is focused on two Italian Marine officers, who were sailing on a private Italian ship named Enrica Lexie as security officers. 2017, Module IV, 11.2018, p. 265-284. Small(ish) disputes can make for significant holdings.
This article examines the case of the Enrica Lexie, a commercial ship having on board military personnel engaging in anti-piracy duties who was involved in an incident with persons on a fishing vessel off the Indian coast. C.J. Enrica Lexie & Ors. The PCAs award of 21 May 2020, released in full earlier this month, originated in a stand-off, on 15 February 2012, While tangential, the incident drew attention to It may be recalled that the St. Antony was not flying an Indian flag at the time when the incident took place. The dispute arises from the Enrica Lexie incident, which occurred 20.5 nautical miles off the coast of India and which relates to the February 15, 2012 shooting by two Marines from the Italian Navy, namely Chief Master Sergeant Massimiliano Latorre and Sergeant Salvatore Girone (Marines). Also, if the ATs claim in paragraph 869 that ships cannot be assimilated with national territory of the flag state is correct, then the Enrica Lexie cannot be assimilated with Italian territory either, so as to grant the marines immunity. The ATs conclusions are vulnerable, if one reads the two dissents carefully. Whilst the Permanent Court of Arbitration (PCA), established in 1899 happens to be one of the oldest international legal forums, in these 120 years it has only adjudicated 14 cases within the realm of power vested upon it relating to Annexure-VII (Arbitration) read with Article 287 (Choice of Procedure), once the United Nations Convention on the Law of Sea, 1982 International Tribunal for the Law of the Sea, The "Juno Trader" Case (Saint Vincent and the Grendadines v Guinea-Bissau), Prompt Release, Judgment, 18 December 2004. Also Read - Dramatic Twists Of Enrica Lexie-Italian Marines Case : A Time Line Of 9 Years . Standard. 58 relations. The Enrica Lexie is an Italian-flagged tanker, which in addition to a crew, had a detachment of six Italian marines on board to deter pirate attacks. At the most fundamental level, the Bharatiya Janata Party must answer what its position would be if it were in the opposition today. 2012 two italian marines serving on the Italian commercial vessel Enrica Lexie, shot and killed two Indian fishermen mistaking them for pirates at approximately 20.5 nautical miles off the Indian coast. According to Italy, the Parties dispute arises from an incident that occurred on 15 February 2012 approximately 20.5 nautical miles off the coast of India involving the Enrica Lexie, an oil tanker flying the Italian flag, and Indias subsequent exercise of criminal jurisdiction over the incident and two Italian marines from the Italian Navy. 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 The Enrica Lexie Case is an ongoing international dispute concerning the killing of two Indian fishermen that were on board the Indian fishing boat St. Antony, allegedly committed by (2019) The Provisional Measures in The Enrica Lexie Incident Case. Communication . Union of India and connected cases; Citation: LL 2021 SC 600; V Anantha Raju & Anr v T.M.Narasimhan & Or, Jitul Jentilal Kotecha v. State of Gujarat; Citation: LL 2021 SC 642 Enrica Lexie case; M/S PAHWA PLASTICS PVT. The MEA said that the Chapter 23 The Fight Against Piracy and the Enrica Lexie Case. On 15 February 2012, two Indian fishermen were killed off the coast of Kerala, India, aboard St. Antony. It involved the MV Enrica Lexie. [1] PDF | On Mar 1, 2012, Valeria Eboli and others published The Enrica Lexie case and the limits of the extraterritorial jurisdiction of India | The Marines were serving as a security force on board the Enrica
The Italian Republic v. The Republic of India (The Enrica Lexie Incident). Free. 118-193), as did Italy in its own investigation and proceedings (paras. The Indian authorities arrested the two Italian marines who were charged with homicide, receiving a First Information Report on 19 February 2012 under the Indian Criminal Code. Aishwarya Rathore- Published on: September 14, 2021 at 16:06 IST The Kerala High Court sought
3. In the course of 2016, the controversy of Italy with India, widely known as the Enrica Lexie case, was an important subject of discussion and debate in the Parliament.The events triggering the dispute date back to 15 February 2012, when two Indian fishermen were killed off the western coast of India, after a shooting incident involving Italian marines on-board the Italian-flagged oil On 15 February 2012, two Indian fishermen on board Indian fishing vessel were killed On February 15, 2012, Italian marines on board the commercial oil tanker MV Enrica Lexie shot and killed two of the 11 crew members of the Indian fishing vessel. Indian authorities subsequently directed the Enrica Lexie to the Indian port of Kochi and, thereafter, exercised criminal jurisdiction over the two Italian marines in relation to the killing of the two Indian fishermen (paras. The Enrica Lexie Incident occurred on 15 February 2012 when Italian Navy marines, on-board a privately owned Italian-flagged Aframax oil-tanker MT Enrica Lexie, opened fire on a fishing trawler.
Italian authorities have offered Rs 17 lakh to Freddy J,the owner of 'St Antony' boat. New Delhi: The decks are clear for bringing the curtains down on judicial proceedings before the Supreme court in the Enrica Lexie It was an oil tanker that flew the flag of Italy. Student: Antonio Ferrero 08.06.2015. structure. Heard the learned counsel for the appellants in W.A. / Tanaka, Yoshifumi. In the Enrica Lexie Incident case between Italy and India, two judicial organs, i.e. 2015-28.
This case arose out of an incident that occurred on 15 February 2012. Enrica Lexie case. Download Unionpedia on your Android device! 05/Jul/2020. Law. The Enrica Lexie Incident No. The controversy arises in this way. Citation: 24 July 2015, ITLOS Reports 2015, p. 1: Year: 2015: Appellant: Republic of Italy: Enrica Lexies case mainly focused on the issue protection of the merchants vessels from the interference of the coastal states in the matters related to jurisdiction while sailing in the maritime zones of the said state. The controversy arises in this way. Antony for a pirate boat and had opened fire at it. The Permanent Court of Arbitration, in Enrica Lexie case, held that India is entitled to claim compensation from Italy.It also held that the Marines are entitled to immunity in relation to the acts that they committed during the incident of 15 February 2012 Tribunal: Permanent Court of Arbitration. Background. citation Pawanexh Kohli. In: The Global Community Yearbook of International Law and Jurisprudence, Vol. 9:30 a.m. 1 p.m. : Italy. Name of the Case: The Enrica Lexie Incident (Italy v. India), Provisional Measures: Citation: 24 July 2015, ITLOS Reports 2015, p. 176: Year of the Case: 2015: Appellant: The Italian Republic (State)- ITALY: Respondent: The The case dates back to 15th February, 2012 at a distance of about 20.5 nautical miles from the coastline, a fishing boat St. LTD. V. DASTAK NGO & ORS (2022) and SWARNALATHA & ORS. Our study reveals that the notion of Article 290that the interests of both parties must be assuredhas been complied with by the innovative order of the PCA tribunal. During this course of the journey, when they reached near the Indian coastline close [] India for its part raised several counterclaims asserting that the conduct of the Marines (or the Enrica Lexie) had interfered with its rights under UNCLOS. Abstract This note examines the recent orders for provisional measures delivered by, both, the ITLOS and the PCA Arbitral Tribunal under Article 290 of the UNCLOS in the Enrica Lexie case (Italy v India). by ananyapuri February 2, 2021. by ananyapuri February 2, 2021 103 views. by Capt. Enrica Lexie Case Introduction Background Facts of the case Get more out of your subscription* Access to over 100 million course-specific study resources; 24/7 help from Expert Tutors on 140+ subjects; Full access to over 1 million Textbook Solutions; Subscribe The Enrica Lexie Incident (Italy v. India). It takes into consideration Indias claim to exercise its criminal jurisdiction over the Italian marines indicted of having killed two Indian The Enrica Lexie Case. The public hearing on the Request for provisional measures in the Enrica Lexie Incident (Italy v. India) will open on Monday, 10 August 2015 at 9.30 a.m. Judge Golitsyn, President of the Tribunal, will preside. Antony happened to pass Enrica Lexie, a tanker flying the Italian Flag. CiteSeerX - Document Details (Isaac Councill, Lee Giles, Pradeep Teregowda): In spite of the large amount of information about the events occurred on 15th February 2012 off the coast of Southern India the fragmented and unverifiable data coming from various sources make very difficult to carry out technical surveys having legal validity. The Tribunal also unanimously held that India has not breached Article 87 of the UNCLOS by asking Enrica Lexie to change its course and by detaining it at Kochi port after the incident of firing on Feb 15, 2012. Enrica Lexie case "EMPOWER IAS" Date: {{formatDate('Sat Jul 04 2020 16:26:34 GMT+0530 (India Standard Time)') }} By: Empower IAS. India alleged that the two Italian marines aboard the Italian-flagged commercial oil tanker MB Enrica Lexie killed the fishermen. The two marines (Massimilano Latorre and Salvatore Girone) aboard the ship mistook St.
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