France v. Turkey

E851637

France v. Turkey, known as the Lotus case, is a landmark 1927 decision of the Permanent Court of International Justice that shaped principles of jurisdiction and state sovereignty in international law.

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France v. Turkey (Lotus case) 0

Statements (47)

Predicate Object
instanceOf case of the Permanent Court of International Justice
international court case
landmark decision in international law
alsoKnownAs Lotus case NERFINISHED
applicableLaw customary international law
areaOfLaw criminal jurisdiction
law of the sea
public international law
bindingOnParties yes
citation Publications of the Permanent Court of International Justice, Series A, No. 10 NERFINISHED
dateDecided 1927-09-07
decidingCourt Permanent Court of International Justice NERFINISHED
dissentingJudges several judges of the Permanent Court of International Justice
historicalSignificance considered a foundational case on state jurisdiction in international law
influenced development of customary international law on jurisdiction
later jurisprudence of the International Court of Justice
scholarly debates on the nature of international legal obligations
involvedState French Republic NERFINISHED
Republic of Turkey NERFINISHED
involvedVessel S.S. Boz-Kourt NERFINISHED
S.S. Lotus NERFINISHED
keyHolding Turkey did not act in conflict with international law by instituting criminal proceedings against the French officer
in absence of a prohibitive rule of international law, a state may exercise jurisdiction
languageOfProceedings French
legalIssue whether Turkey could exercise criminal jurisdiction over a French officer for a collision on the high seas
locationOfCourt The Hague NERFINISHED
originatingIncident collision between French ship S.S. Lotus and Turkish ship S.S. Boz-Kourt GENERATED
originatingIncidentDate 1926-08-02 GENERATED
originatingIncidentLocation high seas in the Mediterranean
parties France NERFINISHED
Turkey NERFINISHED
principleArticulated Lotus principle NERFINISHED
permissive nature of international law regarding state jurisdiction unless expressly prohibited
proceduralPosture dispute submitted by special agreement between France and Turkey
relatedCaseBody International Court of Justice (as successor to the Permanent Court of International Justice) GENERATED
relatedConcept flag state jurisdiction
objective territoriality
territorial principle of jurisdiction
resultForFrance claims rejected in major part
resultForTurkey jurisdiction upheld
subjectMatter criminal jurisdiction on the high seas
international jurisdiction
state sovereignty
subsequentDevelopment later conventions on the law of the sea limited the broad Lotus approach to jurisdiction
temporalContext interwar period
voteOutcome majority decision
yearDecided 1927

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The Case of the S.S. "Lotus" alsoKnownAs France v. Turkey