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Crimes Committed at Sea and Criminal Jurisdiction: Current Issues of International Law of the Sea Awaiting the ‘Enrica Lexie’ Decision

Author:

Daniele Fabris

Civil Court of Milan, IT
About Daniele
Daniele Fabris holds a 5-year Master’s Degree in law, obtained summa cum laude in 2015 from the University of Milan, discussing a thesis in International Law written under the supervision of Prof. Judge Tullio Treves. In 2016 he obtained a LL.M. degree in International Business Law at the Vrije Universiteit of Amsterdam, where he specialized in International Tax Law. In 2012-2013 he has also taken part to the Erasmus Programme, thanks to which he had the opportunity of studying in Paris, at the Université Paris V for a year, focusing on European and International Law. He currently works as a judge trainee.
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Abstract

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 controversy has fomented an intense debate not only in Italy and India but also in the whole International Community. Moreover, it has caused a dangerous diplomatic crescendo between the two involved countries. Thus, the case provides the occasion for important reflections on a major and very debated topic of international law, i.e. the issue of state jurisdiction for crimes committed at sea. This paper will therefore analyse the controversies arising from the Enrica Lexie incident, the opposing positions maintained by the two States and some problematic aspects concerning the interpretation of the United Nations Convention for the Law of the Sea and other related sources of the law of the sea.

How to Cite: Fabris, D., 2017. Crimes Committed at Sea and Criminal Jurisdiction: Current Issues of International Law of the Sea Awaiting the ‘Enrica Lexie’ Decision. Amsterdam Law Forum, 9(2), pp.5–25. DOI: http://doi.org/10.37974/ALF.292
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Published on 01 Mar 2017.
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