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The Global Community Yearbook of International Law and Jurisprudence 2017$
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Giuliana Ziccardi Capaldo

Print publication date: 2018

Print ISBN-13: 9780190923846

Published to Oxford Scholarship Online: November 2018

DOI: 10.1093/oso/9780190923846.001.0001

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Dual Provisional Measures Prescribed by ITLOS and Annex VII Arbitral Tribunal: Reflections on the “Enrica Lexie” Incident Case

Dual Provisional Measures Prescribed by ITLOS and Annex VII Arbitral Tribunal: Reflections on the “Enrica Lexie” Incident Case

Chapter:
(p.265) IV.I Dual Provisional Measures Prescribed by ITLOS and Annex VII Arbitral Tribunal: Reflections on the “Enrica Lexie” Incident Case
Source:
The Global Community Yearbook of International Law and Jurisprudence 2017
Author(s):

Yoshifumi Tanaka

Publisher:
Oxford University Press
DOI:10.1093/oso/9780190923846.003.0012

In the “Enrica Lexie” Incident case between Italy and India, two judicial organs, i.e. the International Tribunal for the Law of the Sea (ITLOS) and the Annex VII Arbitral Tribunal prescribed provisional measures. It is rare that ITLOS and the Annex VII Arbitral Tribunal prescribed different provisional measures in the same dispute. The “Enrica Lexie” Incident case provides an insight into the procedural law governing provisional measures under the UN Convention on the Law of the Sea. This article examines the provisional measures prescribed by ITLOS and the Annex VII Arbitral Tribunal in the “Enrica Lexie” Incident case focusing particularly on three issues: (1) the relationship between the request by Italy submitted to ITLOS and that submitted to the Annex VII Arbitral Tribunal, respectively, (2) the existence of the urgency of the situation, and (3) the legal effect of considerations of humanity.

Keywords:   Annex VII Arbitral Tribunal, considerations of humanity, “Enrica Lexie”Incident, India, Italy, irreparable prejudice, ITLOS provisional measures, urgency

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