Between the Law of the Sea and Sovereign Immunity: Reflections on the Jurisdiction of Annex VII Arbitral Tribunal in the Enrica Lexie Incident Case

Research output: Contribution to journal › Journal article › Research › peer-review

Standard

Between the Law of the Sea and Sovereign Immunity : Reflections on the Jurisdiction of Annex VII Arbitral Tribunal in the Enrica Lexie Incident Case. / Tanaka, Yoshifumi.

In: The Law and Practice of International Courts and Tribunals, Vol. 20, No. 2, 08.2021, p. 367-393 .

Research output: Contribution to journal › Journal article › Research › peer-review

Harvard

Tanaka, Y 2021, 'Between the Law of the Sea and Sovereign Immunity: Reflections on the Jurisdiction of Annex VII Arbitral Tribunal in the Enrica Lexie Incident Case', The Law and Practice of International Courts and Tribunals, vol. 20, no. 2, pp. 367-393 . https://doi.org/10.1163/15718034-12341450

APA

Tanaka, Y. (2021). Between the Law of the Sea and Sovereign Immunity: Reflections on the Jurisdiction of Annex VII Arbitral Tribunal in the Enrica Lexie Incident Case. The Law and Practice of International Courts and Tribunals, 20(2), 367-393 . https://doi.org/10.1163/15718034-12341450

Vancouver

Tanaka Y. Between the Law of the Sea and Sovereign Immunity: Reflections on the Jurisdiction of Annex VII Arbitral Tribunal in the Enrica Lexie Incident Case. The Law and Practice of International Courts and Tribunals. 2021 Aug;20(2):367-393 . https://doi.org/10.1163/15718034-12341450

Author

Tanaka, Yoshifumi. / Between the Law of the Sea and Sovereign Immunity : Reflections on the Jurisdiction of Annex VII Arbitral Tribunal in the Enrica Lexie Incident Case. In: The Law and Practice of International Courts and Tribunals. 2021 ; Vol. 20, No. 2. pp. 367-393 .

Bibtex

@article{5ab6a5328c5f4d0e990927a592c49ab7,
title = "Between the Law of the Sea and Sovereign Immunity: Reflections on the Jurisdiction of Annex VII Arbitral Tribunal in the Enrica Lexie Incident Case",
abstract = "The jurisdiction ratione materiae of an international court or tribunal in a particular dispute settlement system relies on a sensitive balance between the safeguard of the consensual basis of jurisdiction and the need for the effective settlement of international disputes. Thus, the scope of the jurisdiction ratione materiae of an international court or tribunal constitutes a crucial issue in international adjudication. This issue was vividly raised in the 2020 Enrica Lexie Incident arbitration between Italy and India. In this case, the arbitral tribunal constituted in accordance with Annex VII to the UN Convention on the Law of the Sea held that it had jurisdiction to decide the issue of immunity that necessarily arose as an incidental question in the application of the Convention. However, the validity of the Tribunal{\textquoteright}s approach needs careful consideration. Therefore, this article critically examines the Arbitral Tribunal{\textquoteright}s approach in the Enrica Lexie Incident arbitral award.",
author = "Yoshifumi Tanaka",
year = "2021",
month = aug,
doi = "10.1163/15718034-12341450",
language = "English",
volume = "20",
pages = "367--393 ",
journal = "Law and Practice of International Courts and Tribunals",
issn = "1569-1853",
publisher = "Brill - Nijhoff",
number = "2",

}

RIS

TY - JOUR

T1 - Between the Law of the Sea and Sovereign Immunity

T2 - Reflections on the Jurisdiction of Annex VII Arbitral Tribunal in the Enrica Lexie Incident Case

AU - Tanaka, Yoshifumi

PY - 2021/8

Y1 - 2021/8

N2 - The jurisdiction ratione materiae of an international court or tribunal in a particular dispute settlement system relies on a sensitive balance between the safeguard of the consensual basis of jurisdiction and the need for the effective settlement of international disputes. Thus, the scope of the jurisdiction ratione materiae of an international court or tribunal constitutes a crucial issue in international adjudication. This issue was vividly raised in the 2020 Enrica Lexie Incident arbitration between Italy and India. In this case, the arbitral tribunal constituted in accordance with Annex VII to the UN Convention on the Law of the Sea held that it had jurisdiction to decide the issue of immunity that necessarily arose as an incidental question in the application of the Convention. However, the validity of the Tribunal’s approach needs careful consideration. Therefore, this article critically examines the Arbitral Tribunal’s approach in the Enrica Lexie Incident arbitral award.

AB - The jurisdiction ratione materiae of an international court or tribunal in a particular dispute settlement system relies on a sensitive balance between the safeguard of the consensual basis of jurisdiction and the need for the effective settlement of international disputes. Thus, the scope of the jurisdiction ratione materiae of an international court or tribunal constitutes a crucial issue in international adjudication. This issue was vividly raised in the 2020 Enrica Lexie Incident arbitration between Italy and India. In this case, the arbitral tribunal constituted in accordance with Annex VII to the UN Convention on the Law of the Sea held that it had jurisdiction to decide the issue of immunity that necessarily arose as an incidental question in the application of the Convention. However, the validity of the Tribunal’s approach needs careful consideration. Therefore, this article critically examines the Arbitral Tribunal’s approach in the Enrica Lexie Incident arbitral award.

U2 - 10.1163/15718034-12341450

DO - 10.1163/15718034-12341450

M3 - Journal article

VL - 20

SP - 367

EP - 393

JO - Law and Practice of International Courts and Tribunals

JF - Law and Practice of International Courts and Tribunals

SN - 1569-1853

IS - 2

ER -

ID: 276279671