Current Developments

Incidental jurisdiction in the award in “The ‘Enrica Lexie’ Incident (Italy v. India)” – Part II

After having addressed the existence, requirements and limits of incidental jurisdiction of UNCLOS tribunals under Article 288(1) UNCLOS in the first post, this post turns to the approach taken by the arbitral award in Italy v. India. Facts of the case To briefly recapitulate, the case concerned an incident that occurred on 15 February 2012 in India’s Exclusive Economic Zone (EEZ). Two armed Italian Navy marines that belonged to a vessel …

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Current Developments

Incidental jurisdiction in the award in “The ‘Enrica Lexie’ Incident (Italy v. India)” – Part I

On 21 May 2020 the arbitral tribunal constituted under Annex VII of the United Nations Convention on the Law of the Sea (UNCLOS) in the The ‘Enrica Lexie’ Incident (Italy v. India) rendered its award. While both parties succeeded with some of their (counter-)claims, the Indian Ministry of External Affairs merely took note of the award, whereas the Italian Ministry of Foreign Affairs was “pleased”. Pending review by the parties with …

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Current Developments

Land ahoy? Solutions for Statehood in a post climate change world

Climate change is expected to cause receding coastlines due to rising sea levels. Geological formations like islands, rocks, reefs and other low-tide elevations would be permanently submerged, and this would affect the control of States over the sea if the baseline measurement changed with them. In fact, some low-lying States could conceivably lose their rights to exploit their territorial sea and Exclusive Economic Zone (EEZ) due to their land territory …

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BofaxeCurrent Developments

The international whaling regime – a law with no teeth?

Hosting the G20 summit in Osaka, Japan has been at the center of international attention lately. Less prominent than the G20 summit, but not less noteworthy is the reintroduction of commercial whaling in Japan. Beginning on Monday, 01 July 2019, it will be legal to hunt whales for openly economic reasons in Japan’s coastal waters and exclusive economic zone (EEZ) for the first time in more than 30 years. While …

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Current Developments

The C-Star’s Odyssey and the International Law of the Sea

In Homer’s epic poem, “The Odyssey”, the Greek hero Odysseus, having left his home Ithaca to help bring Helena back from Troy, faced manifold hardships on his return across the Mediterranean Sea. In July 2017, European citizens set sail in a self-prescribed mission not to bring someone home, but to prevent others from calling Europe home. The loosely affiliated Generation Identity, consisting mostly of activists from Austria, France, Germany and …

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