Mobility paves Samsung’s silver path
The Korean giant’s early bet on mobile phones helped it hit the $10-bn mark in India, but in its 25th year it ...
Italian marines Massimiliano Latorre (right) and Salvatore Girone - REUTERS
The two Italian marines accused of killing two unarmed Indian fisherman off the coast of Kerala “are entitled to immunity” on the acts they committed during the incident of February 15, 2012 and that India is “precluded from exercising its jurisdiction over the marines”, judges at the Hague-based Permanent Court of Arbitration (PCA) has ruled by three votes to two.
The PAC, however, unanimously, decided that “India is entitled to payment of compensation in connection with loss of life, physical harm, material damage to property (including to the Indian vessel named St Antony) and moral harm suffered by the captain and other crew members of the St. Antony”.
The PAC also decided by three votes to two that “India must take the necessary steps to cease to exercise its criminal jurisdiction over the marines”.
The Arbitral Tribunal shall retain jurisdiction should either party or both parties wish to apply for a ruling from the Arbitral Tribunal in respect of the quantification of compensation due to India, in which event the Arbitral Tribunal would fix a timetable for further proceedings, and that, should no such application be received within one year after the date of the present Award, the proceedings shall be closed.
The five-member Arbitral Tribunal was chaired by Judge Vladimir Golitsyn. The other members are Judge Jin-Hyun Paik (Republic of Korea), Judge Patrick L. Robinson (Jamaica), Professor Francesco Francioni (Italy), and Dr Pemmaraju Sreenivasa Rao (India). Professor Francioni was appointed by Italy while Dr Pemmaraju Sreenivasa Rao was appointed by India.
The PCA gave its ruling on May 21 but published the decisions only on Thursday.
The Permanent Court of Arbitration is an intergovernmental organisation established by the 1899 Hague Convention on the Pacific Settlement of International Disputes.
The case has soured relations between New Delhi and Rome.
The dispute concerns an incident that occurred on February 15, 2012, approximately 20.5 nautical miles off the coast of India involving the MV Enrica Lexie, an oil tanker flying the Italian flag, and India’s subsequent exercise of jurisdiction over the incident, and over two Italian Marines from the Italian Navy, Chief Master Sergeant Massimiliano Latorre and Sergeant Salvatore Girone, who were on official duty on board the Enrica Lexie at the time of the incident.
According to India, the incident concerns the killing of two Indian fishermen on board an Indian vessel named the St. Antony, allegedly by rifle fire from the two marines stationed on the Enrica Lexie.
India argued that Italy violated India’s rights under Article 56 (Rights, Jurisdiction and Duties of the Coastal State in the Exclusive Economic Zone) of the United Nations Convention on the Law of the Sea (UNCLOS), breached its obligation under Article 58 (Rights and Duties of Other States in the Exclusive Economic Zone) of UNCLOS, violated India’s right and freedom under Article 87 (Freedom of the High Seas) and Article 90 (Right of Navigation) of UNCLOS, and infringed upon India’s rights under Article 88 (Reservation of the High Seas for Peaceful Purposes) of UNCLOS.
The Korean giant’s early bet on mobile phones helped it hit the $10-bn mark in India, but in its 25th year it ...
Antrix should adopt a different tactic than merely fighting over jurisdiction: Experts
Invest in relationships, enterprise, behaviour, effort and learning
From different types of osmoses to new membranes, researchers have come up with ways of drawing water
Only half the Sensex stocks have bettered the index’s return in the last 10,000-point journey
High valuation and stiff competition from larger players are a dampener
Investors with a short-term perspective can buy The New India Assurance Company (NIACL) stock at current ...
₹1490 • HDFC Bank S1S2R1R2COMMENT 1475146015051520 Fresh short positions are recommended with a stiff ...
What makes the new crop of young Indian cricketers such game-changing winners? Over and above their talent, ...
In these isolated times when people yearn for a slice of the familiar, amateur and professional chefs are ...
‘You ready to go to work?’ Joe Biden had asked Kamala Harris before naming her as his running mate. ‘Oh my ...
Writer Narendra’s latest book, rich with vignettes from Bastar and his native village in Uttar Pradesh, ...
Digital is becoming dominant media, but are companies and their ad agencies transforming fast enough to make a ...
Slow Network, promoted by journalist-lyricist Neelesh Misra, pushes rural products and experiences
How marketers can use the traditional exchange of festive wishes meaningfully
For Fortune, a brand celebrating its 20th anniversary, it was a rude shock to become the butt of social media ...
Three years after its inception, compliance with GST procedures remains a headache for exporters, job workers ...
Corporate social responsibility (CSR) initiatives of companies are altering the prospects for wooden toys of ...
Aequs Aerospace to create space for large-scale manufacture of toys at Koppal
And it has every reason to smile. Covid-19 has triggered a consumer shift towards branded products as ...
Please Email the Editor