S.S. Lotus v. Turkey

E851638

S.S. Lotus v. Turkey is a landmark 1927 decision of the Permanent Court of International Justice that shaped principles of jurisdiction in international law, particularly regarding a state's authority to exercise criminal jurisdiction over incidents occurring outside its territory.

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Statements (45)

Predicate Object
instanceOf international court case
judgment of the Permanent Court of International Justice
landmark case in international law
applicantState France NERFINISHED
bodyOfLaw international criminal jurisdiction
international maritime law
public international law
caseName The Case of the S.S. Lotus (France v. Turkey) NERFINISHED
citation Publications of the Permanent Court of International Justice, Series A, No. 10 NERFINISHED
court Permanent Court of International Justice NERFINISHED
criticizedFor formalistic approach to sources of international law
overly broad conception of state jurisdiction
decisionDate 1927-09-07
decisionType merits judgment
disputeType inter-state dispute
fact a French officer from the S.S. Lotus was prosecuted in Turkey
the case arose from a collision on the high seas between the French vessel S.S. Lotus and the Turkish vessel Boz-Kourt
the collision resulted in the sinking of the Turkish vessel and loss of Turkish lives
historicalContext decided during the interwar period under the League of Nations system
holding Turkey did not violate international law by exercising criminal jurisdiction over the collision on the high seas
international law did not prohibit concurrent jurisdiction of France and Turkey
the absence of a prohibitive rule allows state action
influenced development of customary international law on jurisdiction
drafting of provisions on jurisdiction in the law of the sea
subsequent jurisprudence of the International Court of Justice
languageOfProceedings French
laterDevelopments subsequent state practice and treaties have limited the Lotus principle
legalIssue limits of flag state exclusivity on the high seas
scope of jurisdiction based on nationality of victims
whether Turkey could exercise criminal jurisdiction over a French officer for acts committed on the high seas
legalPrinciple Lotus principle NERFINISHED
permissive nature of international law
states may act unless expressly prohibited by international law
party France NERFINISHED
Turkey NERFINISHED
precedentStatus leading authority on the permissive character of international law
respondentState Turkey NERFINISHED
seatOfCourt The Hague NERFINISHED
subjectMatter criminal jurisdiction
extraterritorial jurisdiction
flag state jurisdiction
international jurisdiction
law of the sea
territoriality principle
yearDecided 1927

How these facts were elicited

Referenced by (3)

Full triples — surface form annotated when it differs from this entity's canonical label.

S.S. Lotus involvedIn S.S. Lotus v. Turkey
French steamship Lotus caseCitation S.S. Lotus v. Turkey
this entity surface form: The Case of the S.S. Lotus (France v. Turkey), PCIJ Series A No. 10
Turkish collier Boz-Kourt involvedIn S.S. Lotus v. Turkey
subject surface form: Boz-Kourt
this entity surface form: S.S. Lotus (France v. Turkey)