Foreign relations / Security and defence

Marines case, Italy gets international arbitration

Italy won its first battle in the long-standing dispute with India over the Enrica Lexie case as the New Delhi authorities recognized that the Italian request to submit the controversy to an international arbitration is based on the UN Convention on the Law of Sea, also known as the Montego Bay Convention.

Pursuant to international law, a State is not compelled to submit a dispute in which it is a part to an international Court or arbitral Court unless it has accepted its jurisdiction in an international agreement.

In fact, a State is considered a sovereign entity (superiorem non recognoscens) which cannot be submitted to the jurisdiction of any Court unless it does so voluntarily. This applies also to the UN International Court of Justice in The Hague.


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