Publication Date:
2021
abstract:
This article analyzes the Enrica Lexie Arbitral Award, first of all, in relation
to international law issues concerning the application of the United Nations
Convention on the Law of the Sea (UNCLOS). The article then focuses on the
question of the functional immunity of the two marines, from the point of view of
the Tribunal’s assertion of its incidental jurisdiction to deal with the matter, as
well as of the Tribunal’s affirmation of the existence of a customary international
law rule applicable in the present case. Both conclusions appear unconvincing,
also in light of the role of the two marines on board a merchant ship. In any case,
the fact remains that the judgment has the merit of finally putting an end to a
long-standing dispute, to the satisfaction of the two parties involved.
to international law issues concerning the application of the United Nations
Convention on the Law of the Sea (UNCLOS). The article then focuses on the
question of the functional immunity of the two marines, from the point of view of
the Tribunal’s assertion of its incidental jurisdiction to deal with the matter, as
well as of the Tribunal’s affirmation of the existence of a customary international
law rule applicable in the present case. Both conclusions appear unconvincing,
also in light of the role of the two marines on board a merchant ship. In any case,
the fact remains that the judgment has the merit of finally putting an end to a
long-standing dispute, to the satisfaction of the two parties involved.
Iris type:
1.1 Articolo in rivista
Keywords:
law of the sea; freedom of navigation; jurisdiction according to
UNCLOS; incidental jurisdiction; functional immunity; State officials; governmental
functions
List of contributors:
Cataldi, Giuseppe
Published in: