Adjudication at the Service of Diplomacy: The Enrica Lexie Case

Abstract

The article addresses the Enrica Lexie case as an example of integration between adjudicative and diplomatic means of dispute settlement. It illustrates the case focusing on the Tribunal’s assessment of the scope of its jurisdiction and of the applicable law. The article is organised in four parts, next to the introduction. First, it places the case in the context of the relationship between adjudication and diplomacy in the settlement of international disputes. Second, it illustrates the case as a dispute over the interpretation and application of UNCLOS. Third, it addresses the relevance of the immunity of the marines for the purposes of the jurisdiction of the Tribunal and the applicable law. Finally, it concludes with few general policy remarks on the beneficial impact of the Award for the disputing and third Parties, as to the balancing of the interests of flag-States and costal-States in interpreting and applying freedom of navigation.