Abstract

Amsterdam Law Forum (ALF) is the student-run 'International Law Journal' of VU University. Every year ALF publishes a winter, spring, and summer issue. The journal consists of three sections; scientific articles, opinion articles, and commentaries. As of this year, ALF also creates a section for inaugural speeches. In addition, ALF hosts a conference in spring with a relevant legal theme, where renowned speakers are invited to share their perspectives. Overall, ALF is a topical journal that provides a platform for established scholars and young academics to share knowledge, opinions and experiences and to make contributions to the international law discourse. Staff, PhD students and master students who have written a very good thesis are invited to submit an article to ALF. What is learned in the cradle is carried to the tomb: we are looking forward to sharing your articles on our website!

Highlights

  • 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

  • This article takes the developments from the Enrica Lexie Case, currently pending between Italy and the Republic of India in front of the International Tribunal for the Law of the Sea (ITLOS) and the International Arbitral Tribunal, in order to analyse some current problems related to the international law of the sea

  • The first section of this paper provides a summary of the facts of the Enrica Lexie incident and the legal controversies that have arisen from the case

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Summary

Introduction

This incident occurred in the waters alongside the coasts of the Indian State of Kerala on 15 February 2012. Section three deals with the relevant provisions of UNCLOS, while chapter four analyses the special provisions of international law concerning state jurisdiction for the case of maritime terrorism, piracy or other specific crimes. The fifth chapter assesses the different views held by Italy and India on the Enrica Lexis incident, and emphasizes how some important issues regarding State jurisdiction over the seas remain highly debated and controversial despite the ratification of UNCLOS

The Enrica Lexie Incident
The Legal Controversy
State Jurisdiction over the Seas
II.1 The General Principle of the Freedom of the Seas
II.2 The Lotus Doctrine
II.3 The Law of the Sea in The Geneva Conventions and in UNCLOS
Jurisdiction over the Seas According to UNCLOS
III.1. The Territorial Sea and the Contiguous Zone
Special Rules of Jurisdiction for Piracy and Maritime Terrorism
IV.1 Piracy under UNCLOS
IV.2. Unlawful Acts under the SUA Convention
Jurisdiction over the Enrica Lexie Case
Exercise of Jurisdiction in the Contiguous Zone and EEZ
IV.2 Application of Article 97
IV.3. Application of the SUA Convention
Conclusions

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