Maritime Law and its Emergence with The Italian Republic VS Republic of India Case

ABSTRACT

Law is defined as the norms and regulations that must be adhered to in order for society's members to live in peace, whereas social change is any alteration that may have positive or negative effects on society. A regulatory system known as maritime law oversees contracts, towing, recreational boating, shipping, and maritime trade. In addition, it manages workers' compensation claims related to mishaps, injuries, and fatalities on navigable, national, or international seas. The primary focus of Enrica Lexie's lawsuit was how to protect merchant vessels navigating within a state's maritime zones from the coastal states interfering with their jurisdictional affairs.

INTRODUCTION

Maritime law, also referred to as admiralty law, is a collection of laws, agreements, and treaties that control private maritime operations as well as other nautical issues, like shipping and transgressions committed on open waters. The Law of the Sea is a body of international legislation that regulates how people use the oceans and seas. Law pertaining to the sea regulates various nautical concerns as well as private marine questions, disputes, or violations.The majority of modern nations have distinct codes for their maritime laws, which operate independently of national laws.The International Maritime Organization, or IMO, creates new agreements as needed and makes sure that already-existing international maritime treaties are kept current. The International Maritime Organization (IMO) was first created in 1948 as the Inter-Governmental Maritime Consultative Organization. It came into effect in 1958 and is in charge of maintaining the current status of all international maritime conventions in addition to creating new ones as needed. The 175 IMO's governments for ships registered in their country, member nations are in charge of enforcing the IMO conventions. When it comes to their ships, local governments uphold the IMO treaties' terms and establish the consequences for violations. Ships may occasionally need to have certificates on board to verify that they have undergone inspections and fulfilled all requirements. Numerous conventions now govern every facet of maritime trade and transportation.

HISTORICAL PERSPECTIVE OF MARITIME LAW IN INDIA

India has a long history of maritime trade both across its oceanic borders and inside them. According to a number of historical records, a large number of traders and merchants went to India in the past to exchange goods and services, and vice versa. Many laws, rules, and regulations have been enacted in this field. Following independence, the Indian government carefully considered passing several laws and regulations to guarantee effective and safe marine trade. The Inland Steam Vessels Act of 1917, the Coasting Vessels Act of 1838, the Indian Ports Act of 1908, the Indian Merchant Shipping Act of 1923, the Merchant Seamen (Litigation) Act of 1946, the Control of Shipping Act of 1947, the Merchant Shipping Laws (Extension to the Acceding States and Amendment) Act, and other laws were enacted by the Colonial Government.

Apart from the aforementioned Acts, the Indian shipping industry was subject to several rules and statutes passed by British lawmakers between 1823 and 1940. These included provisions pertaining to salvage, seafarer certification, ship liability, owner safety, line conventions, and other related matters. The High Courts in Madras, Bombay, and Calcutta were given the authority to try and decide cases pertaining to the Shipping and Admiralty Acts in India. It was stated that the Indian High Courts had unfettered jurisdiction and that its rulings were binding and final. India's common law now acknowledges the principles of the International Convention on Maritime Laws as a result of this significant case. Since no statute or law in India governed marine rights, the application of the international agreement was justified. The aforementioned statutes and laws did not follow the current Indian System. Consequently, in order to enhance the current methods of coastal trade, the government passed new laws and regulations after independence.

How Enrica Lexie’s Case evolved Maritime Law

The Enrica Lexie issue, sometimes referred to as the Italian Marines case, is a complicated legal and diplomatic dispute between Italy and India that was sparked by an incident that happened off the coast of Kerala, India, on February 15, 2012.The Italian oil ship Enrica Lexie was traversing the Arabian Sea. Salvatore Girone and Massimiliano Latorre, two Italian marines assigned to guard the area against pirate risks, were on board. They came into an Indian fishing boat called St. Antony while traveling close to the coast of India.

The fishermen were mistaken for pirates, according to the Italian marines, and they fired warning shots to neutralize what they thought was a threat to their ship. Sadly, the tragedy claimed the lives of two Indian fisherman, Jelestine and Ajesh Binki. Italy and India immediately experienced diplomatic problems as a result, with each nation claiming authority over the matter.Italy contended that the marines should be tried in Italian courts in accordance with international maritime law because the event happened in international waters. However, India argued that the incident came under Indian jurisdiction because the victims were Indian nationals on an Indian fishing boat, and the marines ought to face trial in India.Italy initially refused to return the marines to India so they could face justice, and the legal battle lasted for several years. India accused the marines of murder and other crimes, which sparked lengthy talks and legal actions in the Indian Supreme Court and other international arbitration forums, among other venues. Reversing its position, the Italian government agreed to return the marines to India in 2013 after being assured that they would not be executed and would be given a fair trial. This choice was made in an effort to diffuse growing diplomatic hostilities between the two nations.The case then made its way through the Indian court system. The marines maintained that their actions were compliant with their obligation to defend the Enrica Lexie from possible dangers. After being granted bail, they were permitted to travel back to Italy for medical care and the 2014 elections. India and Italy's diplomatic ties deteriorated during the dispute as India defended its sovereign rights and legal authority over the incident, while Italy contested India's jurisdiction and legal procedures.The Enrica Lexie case emphasizes the difficulties in striking a balance between maintaining diplomatic connections and pursuing justice for victims of international occurrences, as well as the intricacies of jurisdictional conflicts in international waters. It also calls into question the powers of governments to claim jurisdiction over foreign nationals implicated in such situations, as well as the applicability of international law in cases involving incidents aboard vessels in international seas.According to the most recent developments, attempts are still being made to settle the dispute and address its wider ramifications for international maritime law as well as the diplomatic ties between Italy and India. This is evident in the judicial processes and diplomatic conversations surrounding the Enrica Lexie case.

CONCLUSION

The Enrica Lexie case has had a major impact on the development of Indian maritime law, especially in terms of elucidating questions of jurisdiction and strengthening the legal frameworks to handle situations involving foreign persons and boats in Indian waters. First of all, the case made India establish its authority over events taking place in its territorial seas and Exclusive Economic Zone (EEZ), even when they involve foreign nationals. India's determination to protect its sovereign rights and provide justice for victims within its borders was highlighted by this reaffirmation of jurisdiction.

Second, the case's court cases and talks made it evident that incidents involving foreign troops and vessels need to be handled with clearer norms and processes. In order to create standards for jurisdiction, legal procedures, and the rights of foreign nationals involved in such occurrences, this led to talks and possible amendments in Indian maritime law. In addition, the Enrica Lexie case sparked conversations on the usefulness of international maritime law and treaties, such the UNCLOS, in settling jurisdictional conflicts and guaranteeing equitable treatment for all parties. India has probably examined and perhaps updated its rules and regulations pertaining to incident response procedures, maritime security, and the prosecution of crimes committed within its maritime jurisdiction in reaction to the case. The goals of this evolution are to improve collaboration with foreign nations in maritime law enforcement and judicial procedures, establish legal frameworks, and define jurisdictional limits.Overall, the Enrica Lexie case has acted as a driving force behind India's efforts to strengthen and harmonize its marine legal system with international standards, all the while preserving its sovereign rights and obligations in maritime governance.