Groningen Journal of International Law

International Law Under Construction

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The Enrica Lexie Incident: The Jurisdiction Clause Marooned

Pranay Lekhi

On 2 July 2020, an Arbitral Tribunal under Annex VII of the United Nations Convention on the Law of Seas (UNCLOS) published a redacted dispositf in “The Enrica Lexie Incident” between India and Italy. Since then the final Award of 21 May 2020 has become publicly available.The dispute pertained to the killing of two Indian fishermen on board an Indian vessel named the “St. Antony” by two Italian marines aboard an oil tanker flying the Italian flag called the “Enrica Lexie” (Award, paras 77-117). The incident led to India exercising criminal jurisdiction over the Italian marines, which was disputed by Italy inter alia on the grounds that India acted inconsistently with the UNCLOS as the marines had immunity by virtue of being “Italian State officials exercising official functions” (Award, para 732). Continue reading

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International Arbitration & the Remedy Gap for Victims of Business-Related Human Rights Abuses

 Prof. Katerina Yiannibas |

In a legal utopia, every jurisdiction in the world could boast of efficient and affordable access to justice that would provide appropriate remedy to victims of human rights abuses. There would be equal protection and enforcement of international human rights, responsible cross-border business conduct, fair and unbiased adjudicative processes with effective assistance of counsel, and never any reprisals against victims or their defenders. Regrettably, this is not the world we live in. The contemporary legal reality instead evidences widespread legal and practical barriers to access remedy for victims of business-related human rights abuses.

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Technologies for International Law & International Law for Technologies

Dr Berenice Boutin |

Advanced technologies such as artificial intelligence (AI), and their societal and policy implications, are at the forefront of current public debates (see, e.g., here, here, and here). The topic is also on the agenda of international organisations, and, in September 2018, the United Nations Secretary-General launched a ‘Strategy on New Technologies’ outlining ‘how the United Nations system will support the use of these technologies to accelerate the achievement of the 2030 Sustainable Development Agenda and to facilitate their alignment with the values enshrined in the UN Charter, the Universal Declaration of Human Rights, and the norms and standards of international law.’

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