The Enrica Lexie case at the permanent court of arbitration: an analysis

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). Our study reveals that the notion of Article 290—that the interests of both parties must be assured—has been complied with by the innovative order of the PCA tribunal. Further, the analysis of the legal regime and practices dealing with criminal jurisdiction under the UNCLOS supports the argument that India might find it difficult to sustain its jurisdictional claim over the case. On the issue of jurisdiction of persons in the UNCLOS vis-a-vis domestic legislations, the note argues that clarifications and contributions are needed.