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With Law No. 91/2021 Italy authorized the establishment of an exclusive economic zone, an epoch-making change in Italian foreign policy. For decades, the governments of the Peninsula, conditioned by the interests of national fishermen and by the advice of the Navy, have pushed for a limitation of the extension of jurisdiction in the Mediterranean. There is no doubt that in semi-enclosed seas the EEZ regime is more difficult to apply, but by now almost all the coastal States of this sea have declared an EEZ or are preparing to do so. The regime will coincide with the provisions of UNCLOS on the subject. The most delicate problem is undoubtedly that of delimitation. In the past, Italy has negotiated disadvantageous delimitation lines of the continental shelf, which are now being proposed, by the States with which such agreements have been concluded, as "all purposes" delimitation lines. The problem arises for the moment essentially with Tunisia, since in the other cases the agreements are with EU countries, and with Algeria, with which there are no agreements in force but which has declared an EEZ that overlaps with areas potentially subject to Italian (and other countries') jurisdiction. [ABSTRACT FROM AUTHOR]

This article analyzes the Enrica Lexie Arbitral Award, first of all, in relation to international law issues concerning the application of the United Nations Convention on the Law of the Sea (UNCLOS). The article then focuses on the question of the functional immunity of the two marines, from the point of view of the Tribunal's assertion of its incidental jurisdiction to deal with the matter, as well as of the Tribunal's affirmation of the existence of a customary international law rule applicable in the present case. Both conclusions appear unconvincing, also in light of the role of the two marines on board a merchant ship. In any case, the fact remains that the judgment has the merit of finally putting an end to a long-standing dispute, to the satisfaction of the two parties involved. [ABSTRACT FROM AUTHOR]

An introduction is presented in which the editor discusses several articles published within issue on topics including Europe that the current migration crisis, problem regarding Malta, and consequences for the uncertainties related to the migrants.

The article offers information on the Law, involve Law of the sea is a body of international law governing the rights and duties of states in maritime environments. It concerns matters such as navigational rights, sea mineral claims, and coastal waters jurisdiction. Topic include a case against the Smuggling of Migrants by Land, Sea and Air supplementing the UN Convention against Transnational Organized Crime – International Convention on Maritime Search and Rescue (SAR).

In judgment No. 238 of 22 October 2014, the Italian Constitutional Court ruled on the legitimacy of certain norms of the Italian legal order which relate to the implementation of the International Court of Justice's (ICJ) judgment in the Jurisdictional Immunities of the State case. In this case the Court found that customary international law concerning State immunity for war crimes and crimes against humanity could not enter the Italian legal order, as it was incompatible with the basic principles of the Italian Constitution. Judgment No. 238/2014 thus reveals a key connection between domestic fundamental values and internationally recognized values. If this connection exists, national courts should decline to give effect to an international decision if it contravenes a fundamental obligation under national as well as international law. Thus, domestic courts may play the role of defenders of the international rule of law from international law itself. According to international law, as well as Italian law, there is no doubt that enforcement of an ICJ decision is mandatory for the State to which the decision is directed. In the case under review, however, the requirement to implement the ruling of the ICJ was set aside in order to defer to the requirement to respect the fundamental values of the Italian legal system, in accordance with the theory of "counter-limits" as developed by the Constitutional Court. This conclusion appears also consistent with the German order, which renders quite weak any possible reaction, or protest, by that State. [ABSTRACT FROM AUTHOR]