Category Archives: Boundaries and Territorial Disputes

Italy’s stance on the US recognition of Jerusalem as the capital of Israel

In early December 2017, President Donald Trump expressed his willingness to put into effect his presidential campaign promise to recognize Jerusalem as the capital of Israel, thereby moving the United States embassy there from Tel Aviv. Subsequently, he confirmed his intention notwithstanding the fact that it was met with criticisms, and even protests and open hostility, by many States and it caused peaceful as well as violent manifestations of dissent in the Middle East. Disapproval of President Trump’s decision was also voiced by Italy. On 7 December 2017, the Italian Minister of Foreign Affairs and International Cooperation, Mr Angelino Alfano, issued the following statement:

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Negotiation and Signature of the Caen Agreement on the Delimitation of Territorial Waters and Maritime Jurisdiction between Italy and France

On 13 January 2016 the French authorities arrested the Italian fishing vessel Mina with the accusation of violating French territorial waters. The Mina was arrested during fishery of the red shrimp off the Ligurian coast, between Ventimiglia and the Mentone bay, before the Balzi Rossi reef, and was released upon payment of an 8300-euro deposit. Subsequently, the French authorities expressed regret for the arrest, conceding that it ensued from a wrongful determination of the boundary and jurisdiction over the area. The case spotlighted the on-going discussion between Italy and France over the determination of their maritime boundaries and corresponding fishing rights in an area off Liguria and North of Sardinia, pending the ratification of the so-called Caen Agreement.[1] To date, Italy’s and France’s jurisdiction and fishing rights in the respective areas have been regulated de facto by the 1986 Bocche di Bonifacio Agreement[2] and the 1892 Convention on the fishing zone in the Mentone Bay.[3] More specifically, the 1892 Mentone Bay Convention has never entered into force and was negotiated as a modus vivendi providing for a cooperative ground between the countries, whilst leaving their positions legally unprejudiced. As to the Bocche di Bonifacio Agreement, it only determines French and Italian territorial waters in the Strait of Bonifacio. Though regulating the fisheries traditions and practices of French and Italian fishing vessels in a common zone West of the Strait, the Agreement fails to comprehensively establish the Parties’ maritime boundaries and fishing rights. The Caen Agreement, when in force, would thus constitute the first bilateral instrument to effectively determine the maritime boundaries between the two countries and serve as a basis to settle possible disputes.

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Recognition of Palestine: Two Parliamentary Motions Approved

CHAMBER OF DEPUTIES, XVII LEGISLATURE, 383th MEETING, 27 FEBRUARY 2015.

On 27 February 2015, the Chamber of Deputies of the Italian Parliament was called upon to vote seven motions concerning initiatives for the recognition of the Palestinian State. Five of them were rejected (Motions nos. 1-00675, 1-00625, 1-00699, 1-00738 and 1-00747). Two were approved, but they do not seem to be fully consistent with each other. A full translation of the text of both motions is given hereunder.

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The Deputy Minister of Foreign Affairs, Mr Lapo Pistelli, on the third-party effects of a bilateral treaty establishing an Exclusive Economic Zone

SENATE OF THE REPUBLIC, 3rd PERMANENT COMMISSION (FOREIGN AFFAIRS – EMIGRATION), XVII LEGISLATURE, 67th MEETING, 17 FEBRUARY 2015.

On 18 January 2015, two Italian trawlers (the Jonathan of Siracusa and the Albachiara of Cagliari) were arrested by the Egyptian coast guard about 36 nautical miles far from the coast of Egypt. The timely intervention of the Italian Government brought to the release of both the two vessels and their crews (except the catch) before a full day had passed since the incident. One month later, Mr Lapo Pistelli, Deputy Minister of Foreign Affairs and International Cooperation, intervened in the Senate and, commenting upon these facts, made a statement that might be read as implicitly accepting the third-party effects of a bilateral treaty aimed at delimiting two Exclusive Economic Zones in a highly contested area. In the words of the Deputy Minister:

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