The Law of the Sea applied to the Mar case Research Paper - 1

The Law of the Sea applied to the Mar case - Research Paper Examplergument that the vessels were in their territorial waters when the incident occurred, Italy on the new(prenominal) hand argues the vessels were in the high seas. There is therefore a deadlock on how international law should be applied in this case.It is worth noting the particular that the two countries are parties to the United Nations Convention to the Law of the Sea (UNCLOS). This law is found to codify much on modern international law that is presumed to consider most of the aspects that create a dispute between the two countries. This convention is therefore of use when determining the aspects like that of which region should have jurisdiction all over this case. For example, article 111 of the convention gives a mention of all the conditions under which it is prudent for a given country to stop a vessel from another country while on the high seas (Chaturvedi).According to this jurisdiction, India may be fou nd to possess jurisdiction over the case but the argument is that the two marines make merry what is called functional immunity. There is therefore a likelihood of a conflict between Mar Case and the convention. The facts Of the case are that on the specified participation the ship carrying the Italians and was on its way to Djibouti from Singapore was approached by a vessel off the coast of Kerala India. This ship was flying an Italian flag and had in it six Italian marines and according to the Italian government, these men wearing the Italian uni fig are mandated with the task of protecting vessels with the Italian flag from any form of Pirate attacks while at sea. With this spirit, it is noted that the Italian vessels demanded for identification of the vessels, which was approaching them (Anand p.g. 250). In addition, they demanded that it leaves its path.The Italians further argument is that they fired at the approaching vessels as an deterrence tactic and they claim to have m ade the shots in water. This means that the shots were not directed to anyone specific and that no one