Top Stories[Breaking] Enrica Lexie Case: Permanent Court Of Arbitration Holds Italy Liable To Compensate India; Asks India To Drop Prosecution Against Marines Ashok Kini2 July 2020 7:05 AMShare This – xThe Permanent Court of Arbitration, in Enrica Lexie case, has unanimously held that India is entitled to claim compensation from Italy. It also held (by 3:2 majority) that the Marines are entitled to immunity in relation to the acts that they committed during the incident of 15 February 2012, and that India is precluded from exercising its jurisdiction over the Marines.The Tribunal pronounced…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Permanent Court of Arbitration, in Enrica Lexie case, has unanimously held that India is entitled to claim compensation from Italy. It also held (by 3:2 majority) that the Marines are entitled to immunity in relation to the acts that they committed during the incident of 15 February 2012, and that India is precluded from exercising its jurisdiction over the Marines.The Tribunal pronounced an Award in Enrica Lexie Case holding that Italy has acted in breach of the Article 87, paragraph 1, subparagraph (a), and Article 90 of the United Nations Convention for the Law of the Sea and that India is entitled to payment of compensation in connection with “loss of life, physical harm, material damage to property (including to the “St. Antony”) and moral harm suffered by the captain and other crew members of the “St. Antony””, which by its nature cannot be made good through restitution. The Tribunal also unanimously held that India has not breached Article 87 of the UNCLOS by asking Enrica Lexie to change its course and by detaining it at Kochi port after the incident of firing on Feb 15, 2012. The Court has invited both the countries to consult with each other with a view to reaching agreement on the amount of compensation due to India. It clarified that 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. The Tribunal also ordered that India must take the necessary steps to cease to exercise its criminal jurisdiction over the Marine.Enrica Lexie IncidentOn February 15, 2012, at about 4.30 PM, at a distance of about 20.5 nautical miles from the coastline, a fishing boat ‘St Antony’ happened to pass “Erica Lexie”, a tanker flying the Italian Flag. Two marines aboard the ship – Massimilano Latorre and Salvatore Girone – mistook ‘St Antony’ for a pirate boat, and opened fire at it. This resulted in the death of two fishermen – Valentine Jalastine and Ajesh Binki. First Information Report (FIR) was lodged by the local police against the marines under S.302 read with S.34 of the Indian Penal Code (IPC) in respect of the firing incident leading to the death of the two Indian fishermen.Following this, the Republic of Italy filed a writ petition in the Supreme Court under Article 32 of the Constitution, challenging the criminal proceedings against marines in Kerala. The Court held that the expression “incident of navigation” in Art.97 of UNCLOS cannot be extended to a criminal act, involving the killing of two Indian fishermen on board an Indian fishing vessel. The Court also held that Article 97 will apply only to ‘High Seas’, which do not form part of Exclusive Economic Zone, Territorial Waters or Internal Waters of any country. It was further held that India has jurisdiction over Contiguous Zones under the Maritime Zones Act. Justice Kabir said in the judgment that “The incident of firing from the Italian vessel on the Indian shipping vessel having occurred within the Contiguous Zone, the Union of India is entitled to prosecute the two Italian marines under the criminal justice system prevalent in the country”.The Court also held that State of Kerala has no jurisdiction to investigate into the incident. This was on the reasoning that only Union Government had jurisdiction over Contigous Zone under the Maritime Zones Act. Following the judgment, the investigation of the case was taken over by National Investigation Agency from Kerala police.In July 2015, Italy took the case to International Tribunal for the Law of the Sea, an independent judicial body under the UNCLOS. The ITLOS later referred the matter to the Permanent Court of Arbitration, an intergovernmental organisation based in The Hague in Netherlands. From 8 July to 20 July 2019, the hearing was held at the seat of the PCA at the Peace Palace, The Hague, the Netherlands. The hearing addressed the jurisdiction of the Arbitral Tribunal as well as the merits of Italy’s claims and India’s counter-claims. Read detailed report on Enrica Lexie case here.Summary of Findings of PCAThe Arbitral Tribunal consisted of five Judges: Vladimir Golitsyn (President), Jin-Hyun Paik, Patrick Robinson, Francesco Francioni and Dr. Pemmaraju Sreenivasa Rao.Tribunal has jurisdictionThe Tribunal by (4:1) held that there is a dispute between the Parties as to which State is entitled to exercise jurisdiction over the incident of 15 February 2012 involving the “Enrica Lexie” and the “St. Antony”, and that the dispute concerns the interpretation or application of the Convention. Thus it was held that that the Arbitral Tribunal has jurisdiction over the dispute.India Should Take Necessary Steps To Stop Criminal Proceedings Against MarinesThe Tribunal by three votes to two, in respect of Italy’s Submission (2)(f), held that the Marines are entitled to immunity in relation to the acts that they committed during the incident of 15 February 2012, and that India is precluded from exercising its jurisdiction over the Marines. Therefore it held that India must take the necessary steps to cease to exercise its criminal jurisdiction over the Marines, and that no other remedies are required.Other findingsThe Tribunal found that Italy has not violated India’s sovereign rights under Article 56 58, paragraph 3, or under Article 88 of the Convention. It also found that that India has not acted in breach of Article 87, paragraph 1, subparagraph (a), Article 92, paragraph or Article 100 of the Convention and that therefore Article 300 cannot be invoked in the present caseClick here to Read/Download Extract of the AwardNext Story
Shrubs and stumpsAlthough holly shrubs may win you ‘lawn of the month,’ Forschlersaid, hollies planted along your house line can lead to termitesthere.”You plant a small holly bush, and in seven years it blocks theview of the foundation,” he said. “When termites tunnel throughthe ground, they like to follow roots, and these can lead themright into your home’s foundation.”Rid your landscape of anything termites would consider food,Forschler said. “If you have stumps in your lawn, get rid ofthem,” he said. “Rent a stump grinder if you have to. The costwill be worth it in the long run.”Despite having studied termite biology and behavior for the past14 years, Forschler admits to leaving termite food in his lawn once.”I had a new roof put on my house, and the leftover shingles weresitting on a wooden pallet beside the driveway,” he said. “A fewmonths later, when I got around to removing the shingles, Idiscovered termites living in the pallet.” Call a professionalIf, despite your efforts, you have a termite infestation, seek alicensed pest-control operator, Forschler said.”First and foremost, try to choose a pest-control operator whosecontract includes a damage-repair warranty,” he said. “In otherwords, if termites damage the house after the treatment, thepest-control operator will repair the damage at no cost. This isyour insurance that the pest-control operator is doing everythinghe can to protect your home as if it were his home.”Forschler says if a damage-repair warranty isn’t available, makea point to be present when the termite inspection takes place.And take an active part in the process.”I guarantee you that every home landscape in Georgia, from themountains to the coast, has termites living in it,” he said. “I’ve taken samples (from home lawns) all across the state, butrarely do I find a structure infestation.”Ridding the world of termites is “a pipe dream,” he said.”We’re never going to kill them all,” he said. “We just have tofocus on keeping them away from structures while keeping an eyeon yard termites.” Search out moistureTo reduce moisture around your home, you have to know how todetect the signs of moisture problems.”If you see mushrooms cropping up alongside the foundation ofyour home, you likely have a moisture problem in that area,”Forschler said. “Or, if you have tiny trees growing in yourgutter, it’s time to clean them out.”Another problem moisture site is your air-conditioner drip line.Forschler suggests making sure your gutters and A-C drip linedrain away from your house.”Don’t aim sprinkler systems toward the house, either,” he said.Inspect your home, too, he said, to make sure no wood or foamboard insulation contacts the ground. By Sharon OmahenUniversity of GeorgiaInspecting your landscape for termite-attracting features couldreduce your chances of inviting the tiny destroyers into yourhome and your wallet.”Termites need moisture and food to survive,” said BrianForschler, an entomologist with the University of Georgia Collegeof Agricultural and Environmental Sciences. “So homeowners needto make a conscious effort to reduce conditions around theirhomes that attract them.”
Questions over yesterday’s dominant stage victory, led Chris Froome to say he plans to undergo independent testing after the Tour de France to prove he is not a drugs cheat.The Tour de France riders are facing a number of major climbs on today’s 11th stage including the 2,000 metre high Col du Tourmalet. The Nicholas Roche Performance Team rider recorded a time of 3 minutes 25.429 seconds for the 3 kilometre Pursuit.This knocked 1.5 seconds off the Irish record.Meanwhile David Brailsford insists rumours and innuendo over the cleanliness of Team Sky aren’t affecting them.
Frenchman Jo-Wilfried Tsonga had one more surprise in his bag of upsets, beating second seeded Roger Federer 7-5 7-6 (3) to cap a scintillating march to the Rogers Cup title on Sunday, Reuters reports.After knocking off world number one Novak Djokovic in the third round, taking out twice champion and eighth seed Andy Murray in the quarters and seventh seed Grigor Dimitrov in the semis, Tsonga denied 17-time grand slam winner Federer a landmark 80th career title.“I played well all this week, I beat many good guys,” said Tsonga. “It’s a big achievement because I worked really hard to come back from my knee injury last year.“Unfortunately there is no secret… behind this there is a lot of work.“I’m waiting for this since couple of months now. I was looking for my best level, today I had it and it’s great.”Certainly there was no disputing that Tsonga’s win was well-deserved, the 13th seeded Frenchman’s hit list including players who had won seven of the last 10 Canadian titles (Djokovic 2012, 2011, 2007; Murray 2010, 2009 and Federer 2004, 2006). It marked the first time since 2002 that a player had beaten the four top seeds to win a Masters series event.“He beat great players along the way and backed it up with another great final,” said Federer, who turned 33 on Friday and had been hoping to celebrate his birthday by lifting the trophy. “No excuses. I think he played really solid and well when he had to.“I wish I could have played a bit better in the finals today.“There were things I could have done better, but, overall it was a positive week.“I go away from this feeling good about my chances next week and also at the U.S. Open.” In 16 career meetings Tsonga had beaten the Swiss maestro just five times but three came on the Canadian hard courts.With Federer appearing in his fifth Canadian final and Tsonga having advanced to at least the semi-finals in three of his four trips to Canada, both men had a cool look of confidence as they walked onto a blazing hot centre court.In a week of superb performances, Tsonga may have saved his best for last, the second seeded Swiss unable to manage a single break chance the entire match.
BY TRAVEL EDITOR, TIM HEDGLEY There are few places on earth that hold on to a story like the Loch Ness Monster, which apparently lives in one of the deepest and longest lochs in Scotland.As someone who loves boats, I thought that the month of June 2015 would be a great time to try and see if I could find this elusive creature for myself along with some other fascinating wildlife along the Great Glen. Living as I do in Ireland I had to get across the pond to Scotland. And this time I chose to use the Belfast Stena Line Belfast service. The Stena Line Belfast to Cairnryan service offers a direct link from Northern Ireland to Scotland on the Stena Superfast VII and Stena Superfast VIII from as little as £10*day return for foot passengers or for single car and driver from £79 (when you book 60 days in advance based on an economy crossing for a car and driver). The crossing time is approximately 2 hrs 15 mins with a choice of up to six sailings a day.Experience the various lounges and Taste restaurant onboard the ships as well as the Curious George kids play area and POD Lounge with iPads and Xboxes so you can stay connected throughout your journey. Customers can upgrade to the luxurious Stena Plus lounge while onboard and indulge in a wide selection of complimentary snacks and beverages or indulge in the Pure Nordic Spa where you can make the most of the only Jacuzzi and sauna on the Irish Sea from £10 per person.Those looking to book a Superfast Suite cabin for their crossing can do so from £20 per cabin. Upgrade to Stena Plus from £12 per person single. To make a booking, click on www.stenaline.co.uk, call Stena Line on 08447 70 70 70, or visit your local travel agent.*£10 day return including coach transfers to Glasgow, available on selected dates from January to December. For the lowest fares, passengers should travel off peak, Tuesday –Thursday and book online at least 60 days before departure.Loch Ness is one of the largest Lochs, which divides the north of Scotland in a diagonal line from FortWilliam to Inverness. There is little doubt Loch Ness or “Ness” as it’s known, is indeed long, 23 miles long and it is pretty deep too, for in places it drops to some 600 feet.Dark peaty water makes visibility somewhat problematic, well except for the creatures that lurk in the deep.Rather than hire a little boat, I felt something more substantial would be far more appropriate, just in case “Nessy” decided to pay me a visit. I decided therefore to take a wildlife tour along the Loch with Caledonian Discovery. Www.caledonian-discovery.co.uk.Caledonian-discovery run a number of cruises and boats up and down the Loch, and there are a plethora of trips to choose from. There are walking cruises where you can walk the 70 odd miles of the great glen, wildlife cruises where a botanist and wildlife expert will answer your questions, and more importantly point out the Buzzards, Eagles, Ospreys and Feral mountain goats, show you some amazing flora and fauna that are native only to this part of the world and teach you about the geology of the area.If that sounds all to classroom botany classy for you don’t worry its hands on out in the great outdoors. If you feel less active then fear not there are plenty of other trips you can consider. Canoeing, wild Loch swimming, cycling, dingy sailing or simply sitting on deck in the glorious sunshine and soaking up the amazing surroundings.I joined my Caledonian-discovery cruise at Fort Augustus and for my first day I was intrigued to see the majesty of 5 locks which dropped our craft, a 45 meter Belgium built barge over 40 feet and into the mouth of Loch Ness, which was our mooring overnight before our cruise along the first part of Loch Ness.Dinner on the Ross Crana is served in the capacious dining room and is taken with the crew; this gives everybody an opportunity to discuss the day’s activities and sightings and an opportunity for Martin the Captain, to discuss the day just finished, and agree the itinerary for tomorrow. AgreementOn many cruises the captain decides the ports to visit and the passengers go along with that. This cruise is inherently passenger led and far more customer focused. The Skipper tells us what’s ahead on the route and gives the passengers the opportunity to choose their preferred activities.If it’s canoeing, sailing, walking, cycling or even swimming you will be accommodated. And that is the beauty of this well planned and thought out cruise.No matter what your activity, you will have a seamless transfer to shore, sea, Loch or boat all carried out by the very experienced crew. Silently a motor rib will be alongside the Ross Crana and canoes will appear ready to be boarded.On my second morning were treated to great Scottish porridge or delightful kedgeree delightfully cooked and prepared by “Tree” our expert chef. Who then produced what can only be described as a smorgasbord of delights. If you want to know what it contained then you have to book a cruise. See www.caledonian-discovery.co.uk After breakfast we set sail at a hearty 4 miles an hour along what is known as the rough side of Loch Ness to spot some wildlife.Nick Picozzi our resident wildlife expert pointed out common buzzard, osprey, kite, feral mountain goat and a few other creatures to boot. We then moored across the right hand side of Loch ness in a little mooring known as Foyers. Nick then led the ramble up the side of Loch Ness to a waterfall known as the “Falls of Foyers”.After a delightful lunch prepared and served by what should be the Michelin Star “Tree”, we were treated to a gentle cruise down the Loch spotting wildlife in abundance.Three hours and lots of sunshine later we moored at Doughgarragh on the upper side of the Loch.Here we were treated to another wildlife walk from Nick who pointed out unseasonably late bluebell and various plants that I could not even spell, let alone pronounce. More buzzard, osprey and cormorant and we were fast becoming potentials to replace David Attenborough.Another sumptuous dinner from “Tree” fresh Sole with a green dill salsa Verdi, roasted sweet potato cubes and a sticky toffee pudding to die for, we were just able to add some delightful red wine and a selection of cheese. Surly after all this open air and sunshine it was time for bed. Indeed it was.Cabins Accommodation on board was superb our compact cabins were expertly designed to maximise space, a full sized power shower was a real treat.A double bed and single above provided great sleeping facilities and there was even room for the suitcase too!The following morning we were off to Inverness and after a bite of lunch at the locks at Inverness we were to head for the salt water of the Moray Firth and the Beauly Firth.Now we were in the briny sea and again the weather had astounded most on board, including Gwen our antipidiean fellow traveller. She was finding it warm enough to remove her thermal layers.For the rest of us the factor 50 was out for the amazing weather we were experiencing. So much so that an excess of 22 degrees caught a lot of us by surprise.Mooring in the Beauly firth just of the coast from Moniak Castle was areal treat. The Ros Cranna sat astride the tide like a dressage horse in competition.After another fantastic dinner of Aberdeen Angus beef slow cooked in local ale and “clooty” a Scottish suet pudding, we were set up for a great nights sleep.But before we retired into our soothing water bed for the night, Martin our captain gave us a debrief on the day’s events and Nick covered the wildlife events of the day.Thursday morning saw us travel out of the Beauly Firth and under the Kessock bridge as we went in hunt of seal, dolphin, porpoise and more bird life.We were not disappointed and true to form dolphin made an appearance near to the coast of Fort George and enthralled us with their blow holes and acrobatics. After an hour or two sitting in the splendid sunshine we moored for dinner and were treated to a specular blessing of the haggis.If you want to know more I suggest you book. Just remember Caledonian Discovery holiday let you wind down into ‘Highland time’. Where you can take in the spectacular scenery of the Caledonian Canal and the beautiful inland lochs of Loch Ness, Loch Oich and Loch Lochy.This is a unique holiday barges experience of the finest quality. ‘Fingal of Caledonia’ and ‘Ros Crana’, will be your Scottish Highland home for the week, whilst their friendly skippers and attentive crews look after you. It’s a soft adventure for people of all ages, so come and relax into the gentle world of life afloat.TRAVEL: A TRUE CALEDONIAN DISCOVERY was last modified: July 29th, 2015 by John2Share this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Reddit (Opens in new window)Click to share on Pocket (Opens in new window)Click to share on Telegram (Opens in new window)Click to share on WhatsApp (Opens in new window)Click to share on Skype (Opens in new window)Click to print (Opens in new window)Tags:BelfastboatCALEDONIANCaledonian DiscoveryholidaysLoch NessScotlandstena lineTim Hedgley