Student in India
Student in India
In this journal article, the authors will explore the development, proceedings, and final verdict of one of the most important cases in Indian maritime law history .The case involved Republic of Italy and Union of India fighting over for protection of two marine officers and later fighting for the rights of two ordinary fisherman who lost their live due to some mishappenings on the day of the incident, Involving various aspects of law and arbitration settlement ideas between the two nations. This incident occurred approximately 20.5 nautical miles off the coast of India's territorial boundary, where Enrica Lexie, an oil tanker vessel flying the Italian flag, committed the crime at sea. Following this incident, the two mariners were charged with various offences under the Indian Penal Code. The Republic of Italy stated that India had no jurisdiction over this matter and that they'd been violating the United Nations Convention on the Law of the Sea, which both countries had ratified, making them parties to the convention. The dispute has sparked heated debate in the Italian Republic and the Republic of India, as well as throughout the international community. India has always had friendly relations with Italy, but after the incident and the questions rose by both parties, the relationship became strained. The dispute arose in 2012 and was recently settled by an Arbitral Award issued by the Permanent Court of Arbitration (hereinafter PCA). The PCA established the Tribunal to conduct inter-state arbitration proceedings between the states. Between the two nations thus, the Arbitral Award is enforceable, final, and binding.
International Journal of Legal Science and Innovation, Volume 3, Issue 5, Page 31 - 38DOI: https://doij.org/10.10000/IJLSI.111048
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