jurisdiction. Italy’s claim of immunity for the marines was based ultimately, not on any provision of the
UNCLOS, but on alleged customary international law. I say “ultimately” because Italy did refer to
UNCLOS Articles 2(3), 56(2), 58(2), 95, 96 and 297(1), in support of immunity, but those arguments were summarily rejected by the Tribunal, leaving the question of immunity to be decided with reference to international law outside
UNCLOS (Award, paras. 797-802). This claim was the focus of two different jurisdictional objections by India. Under Article 288(1) of the
UNCLOS,...