First published here on 1, Law Street | Original author: Mohit Singh

****The International Tribunal for the Law of the Sea (ITLOS) will deliver its Order in the “Enrica Lexie” Incident (Italy v. India), Provisional Measures case on Monday, 24 August 2015 at 11 a.m. Order will pronounced by Judge Vladimir Golitsyn, President of the Tribunal at a public sitting at the Tribunal located at Hamburg, Germany.

As reported earlier, Republic of Italy has approached ITLOS against India for the adjudication of the dispute over the Enrica Lexie incident, also known as the Italian marines case. Italy has invoked ITLOS’s jurisdiction under the United Nations Convention on the Law of the Sea (“UNCLOS”).

Under the Article 290, paragraph 5, of UNCLOS, Italy has also sought provisional measures, pending the constitution of an arbitral tribunal:

a. India shall refrain from taking or enforcing any judicial or administrative measures against Sergeant Massimiliano Latorre and Sergeant Salvatore Girone in connection with the Enrica Lexie Incident, and from exercising any other form of jurisdiction over the Enrica Lexie Incident; and

b.India shall take all measures necessary to ensure that restrictions on the liberty, security and movement of the Marines be immediately lifted to enable Sergeant Girone to travel to and remain in Italy and Sergeant Latorre to remain in Italy throughout the duration of the proceedings before the Annex VII Tribunal.”

India however has requested ITLOS to “to reject the submissions made by the Republic of Italy in its Request for the prescription of provisional measures and refuse prescription of any provisional measures in the present case”

---