Law of the Sea

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Immunities and Compromissory Clauses: Making Sense of Enrica Lexie (Part II)

In Part I of this post, we discussed how the Arbitral Tribunal, in its recently-released award in the Enrica Lexie case, approached the question of incidental jurisdiction over questions of immunity. While the Tribunal’s jurisdiction, under Article 288 UNCLOS, was limited to ‘dispute[s] concerning the interpretation or application of th[e] [Law of the Sea] Convention’ (which does not explicitly regulate questions of immunity), the Tribunal felt that it had to address the matter: As the real dispute was whether Italy and India could exercise jurisdiction over the Enrica Lexie incident, immunity ‘necessarily arises as an incidental question in the application of the Convention’ (para 809). In Part II of the post, we situate the Tribunal‘s approach and compare it to that of the ICJ, which in two recent cases has had to grapple with very similar issues. Compare & Contrast: Jurisdiction over Questions of Immunity in Recent ICJ Jurisprudence The Enrica Lexie Tribunal’s decision concerning its incidental jurisdiction over the immunity issue has not escaped commentators (see notably…

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Immunities and Compromissory Clauses: Making Sense of Enrica Lexie (Part I)

Small(ish) disputes can make for significant holdings. From Nottebohm to Lotus to AAPL v Sri Lanka, the list of relatively limited incidents prompting far-reaching judicial and arbitral pronouncements is long. We may now have to add Enrica Lexie to it. The PCA’s award…

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Part II: Some Observations on the Agreement between Greece and Egypt on the Delimitation of the Exclusive Economic Zone

Where to from here? The Greece-Turkey maritime boundary dispute The dispute over the maritime boundary between Greece and Turkey has been ongoing since 1974. As I wrote elsewhere, ‘bilateral consultations and negotiations have been unable to prevent occasional flare-ups and, as tensions remain significantly high, it may not be long before one of the not…

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Part I: Some Observations on the Agreement between Greece and Egypt on the Delimitation of the Exclusive Economic Zone

Introduction Greece and Egypt signed an agreement for the delimitation of the two countries’ maritime boundaries in the Eastern Mediterranean Sea on 7 August 2020. The Greek Foreign Minister said that this was a ‘historic day’: the two states had reached an ‘exemplary agreement’ that ‘reconfirms and enshrines the effect and the right of islands to a continental…

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Troubled Waters in the Eastern Mediterranean

Turkey’s dispatch on August 10 of the seismic research vessel Oruҫ Reis under escort of five naval vessels into disputed waters of the Eastern Mediterranean is the latest salvo in the legal and rhetorical battle being waged in the region’s waters, with hydrocarbon extraction rights as the ultimate prize.  After a brief discussion of the actual deployment of…

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