Permanent Court of International Justice decision in the Lotus case
E851644
The Permanent Court of International Justice decision in the Lotus case was a landmark 1927 ruling that shaped international law on jurisdiction by affirming Turkey’s right to prosecute a French officer after a high-seas collision, emphasizing state sovereignty in the absence of prohibitive rules.
Statements (48)
| Predicate | Object |
|---|---|
| instanceOf |
international court judgment
ⓘ
judicial decision ⓘ landmark case in international law ⓘ |
| alsoKnownAs |
France v. Turkey (Lotus)
NERFINISHED
ⓘ
Lotus case NERFINISHED ⓘ S.S. Lotus case NERFINISHED ⓘ |
| applicantState | France NERFINISHED ⓘ |
| areaOfLaw |
international criminal jurisdiction
ⓘ
law of the sea ⓘ public international law ⓘ |
| aroseFrom | collision on the high seas between French vessel S.S. Lotus and Turkish vessel Boz-Kourt ⓘ |
| caseNumber | Series A No. 10 NERFINISHED ⓘ |
| citedIn |
academic commentary on jurisdiction
ⓘ
international law textbooks ⓘ |
| court | Permanent Court of International Justice NERFINISHED ⓘ |
| dateOfCollision | 1926-08-02 ⓘ |
| decidedBy | Permanent Court of International Justice NERFINISHED ⓘ |
| decisionDate | 1927-09-07 ⓘ |
| hasDissentingOpinions | yes ⓘ |
| held |
Turkey did not act in conflict with international law by instituting criminal proceedings against the French officer
ⓘ
in the absence of a prohibitive rule of international law, states are free to act ⓘ |
| historicalSignificance | considered a classic and controversial decision in international law ⓘ |
| influenced |
development of the effects doctrine in jurisdiction
ⓘ
later jurisprudence of the International Court of Justice ⓘ subsequent doctrine on jurisdiction in international law ⓘ |
| involvedPerson | Lieutenant Demons NERFINISHED ⓘ |
| involvedStateNational | French officer ⓘ |
| involvedVessel |
Boz-Kourt
NERFINISHED
ⓘ
S.S. Lotus NERFINISHED ⓘ |
| involvedVictimsNationality | Turkish nationals ⓘ |
| languageOfProceedings | French ⓘ |
| legalIssue | whether Turkey could exercise criminal jurisdiction over a French officer after a high-seas collision ⓘ |
| majorityDecision | yes ⓘ |
| originatingInstrument | Special Agreement between France and Turkey GENERATED ⓘ |
| placeOfCourt | The Hague NERFINISHED ⓘ |
| precedes |
1958 Geneva Conventions on the Law of the Sea
NERFINISHED
ⓘ
1982 United Nations Convention on the Law of the Sea NERFINISHED ⓘ |
| principleAffirmed |
broad conception of state sovereignty
ⓘ
no general rule limiting criminal jurisdiction to the flag state in high-seas collisions at that time ⓘ permissive nature of international law for state action unless expressly prohibited ⓘ |
| ratioDecidendi | lack of a prohibitive rule preventing Turkey from exercising jurisdiction ⓘ |
| respondentState | Turkey NERFINISHED ⓘ |
| subjectMatter |
international criminal jurisdiction
ⓘ
jurisdiction on the high seas ⓘ state sovereignty in international law ⓘ |
| typeOfJurisdiction |
concurrent jurisdiction of states
ⓘ
territorial jurisdiction based on effects ⓘ |
| year | 1927 ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.
Turkish collier Boz-Kourt
→
relatedCourtCase
→
Permanent Court of International Justice decision in the Lotus case
ⓘ
subject surface form:
Boz-Kourt