The Dispute Concerning the Enrica Lexie and the Role of International Tribunals in Provisional Measure Proceedings Instituted Pursuant to the United Nations Convention on the Law of the Sea

This article deals with the “Enrica Lexie” Incident (Italy v. India) by taking as its startingpoint the two orders on provisional measures issued in the case, respectively, on 24 August 2015 and 29April 2016. The first order was rendered by the International Tribunal for the Law of the Sea pending theconstitution of the Arbitral Tribunal under Annex VII to the United Nations Convention on the Law of theSea to which the dispute has been submitted; the second, by the Annex VII Arbitral Tribunal.The aforesaid orders raise a variety of issues, only some of which will be discussed here. Morespecifically, two main issues will be addressed: (i) the function of provisional measures according to twodifferent paragraphs of Article 290 UNCLOS; and (ii) the tendency to interpret UNCLOS provisions incoordination with other norms of international law, particularly those that concern human rights. Inexamining these issues, an attempt will be made to shed light on the role of international tribunals infacilitating the resolution of international disputes for which provisional measure proceedings have beeninitiated.