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In: European journal of international law, Band 29, Heft 4, S. 1447-1452
ISSN: 1464-3596
In: The Italian Yearbook of International Law Online, Band 24, Heft 1, S. 591-597
ISSN: 2211-6133
In: European journal of international law, Band 25, Heft 1, S. 355-359
ISSN: 0938-5428
In: American journal of international law: AJIL, Band 115, Heft 3, S. 513-519
ISSN: 2161-7953
On May 21, 2020, a Tribunal established under Annex VII of the United Nations Convention on the Law of the Sea (UNCLOS) rendered an Award regarding the 2012 Enrica Lexie incident, which involved the death of two Indian fishermen at the hands of Italian Marines. The Award is lengthy and wide-ranging, finding that: (1) Italy and India had concurrent jurisdiction over the incident; (2) the Tribunal had incidental jurisdiction to determine the immunity of the Italian Marines; (3) the Marines enjoyed immunity as state officials; but nevertheless that (4) India was entitled to compensation for the loss of life, physical harm, damage to property, and moral harm. The Award has been received more positively by Italy than India, but neither party has indicated that they intend to do anything other than comply with it.