Mediation and Arbitration: “Enrica Lexie Case” In this paper, the “Enrica Lexie Case” will be analyzed for the purposes of better understanding the process of alternate dispute and resolution. This case involves an incident between an Italian merchant vessel, which on board carried Italian Armed Forced marines, and the St Anthony an Indian Fishing boat. As a result, between these two vessels, two fishermen of the St Anthony were killed. The question continues as to which state has the claim to jurisdiction. The main goal of making use of an alternative dispute resolution between the two nations is to be able to maintain the relationship between India and Italy.
Background Facts: On February 2012, an Italian Merchant Vessel Enrica Lexie with Italian Armed Forces aboard the vessel were sailing close to Indian waters. While on their route they encountered the St Anthony, an Indian Fishing boat. The Italian Armed Forces marines were placed on board of the merchant …show more content…
Even with the use of United Nations Convention on the Law of the Sea. To help solve disputes of international sea law between two states the United nations has created the International Tribunal for the Law of the Sea. However, before being able to take the case to the International Tribunal for the Law of the sea, Italy must have first exhausted all of its possible remedies to find a solution for this case. The permanent court of arbitration helped navigate this case, in the end however, India decided to reject Italy’s offer to pay them to release the marines into Italy’s custody. (http://73lines.blogspot.com/2015/06/enrica-lexie-case.html) After India rejects this offer, the case heads to the International Tribunal for the law of the Sea to go under arbitration. The tribunal calls for both states to suspend any trials against the accused until the issue of jurisdiction is
Background Facts: On February 2012, an Italian Merchant Vessel Enrica Lexie with Italian Armed Forces aboard the vessel were sailing close to Indian waters. While on their route they encountered the St Anthony, an Indian Fishing boat. The Italian Armed Forces marines were placed on board of the merchant …show more content…
Even with the use of United Nations Convention on the Law of the Sea. To help solve disputes of international sea law between two states the United nations has created the International Tribunal for the Law of the Sea. However, before being able to take the case to the International Tribunal for the Law of the sea, Italy must have first exhausted all of its possible remedies to find a solution for this case. The permanent court of arbitration helped navigate this case, in the end however, India decided to reject Italy’s offer to pay them to release the marines into Italy’s custody. (http://73lines.blogspot.com/2015/06/enrica-lexie-case.html) After India rejects this offer, the case heads to the International Tribunal for the law of the Sea to go under arbitration. The tribunal calls for both states to suspend any trials against the accused until the issue of jurisdiction is