Lotus (France v. Turkey), P.C.I.J. Series A No. 10
E851647
case of the Permanent Court of International Justice
international court judgment
landmark case in international law
Lotus (France v. Turkey), P.C.I.J. Series A No. 10 is a landmark 1927 judgment of the Permanent Court of International Justice that articulated the “Lotus principle” on the permissibility of state jurisdiction in the absence of prohibitive rules of international law.
Observed surface forms (1)
| Surface form | Occurrences |
|---|---|
| Case of the S.S. Lotus (France v. Turkey) | 1 |
Statements (47)
| Predicate | Object |
|---|---|
| instanceOf |
case of the Permanent Court of International Justice
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international court judgment ⓘ landmark case in international law ⓘ |
| applicantState | France NERFINISHED ⓘ |
| areaOfLaw |
customary international law
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jurisdiction of States ⓘ public international law ⓘ |
| caseNumber | No. 10 ⓘ |
| citationStyle | S.S. "Lotus" (France v. Turkey), Judgment, 1927 P.C.I.J. (ser. A) No. 10 NERFINISHED ⓘ |
| consequence | French officer Lieutenant Demons was prosecuted in Turkey NERFINISHED ⓘ |
| contains |
dissenting opinions
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separate opinions ⓘ |
| court | Permanent Court of International Justice NERFINISHED ⓘ |
| dateOfJudgment | 1927-09-07 ⓘ |
| decisionType | judgment on the merits ⓘ |
| disputeType | inter-state dispute ⓘ |
| factSummary | a Turkish national vessel sank and Turkish nationals died following a collision with the French vessel S.S. Lotus ⓘ |
| FranceArgument | only the flag State of the vessel on which the accused served had jurisdiction ⓘ |
| fullName | The Case of the S.S. "Lotus" (France v. Turkey) NERFINISHED ⓘ |
| holding |
States may exercise jurisdiction unless there is a prohibitive rule of international law to the contrary
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Turkey did not act in conflict with international law by instituting criminal proceedings against the French officer ⓘ |
| influenced |
doctrine on permissive versus prohibitive rules in international law
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subsequent jurisprudence of the International Court of Justice ⓘ |
| isConsidered | a classic authority on State jurisdiction ⓘ |
| keyPrinciple | Lotus principle NERFINISHED ⓘ |
| languageOfJudgment | French ⓘ |
| legacy |
often cited for the proposition that what is not prohibited in international law is permitted for States
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subject to later qualification by developments in the law of the sea and human rights law ⓘ |
| legalIssue |
concurrent jurisdiction of flag State and coastal or national State
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scope of criminal jurisdiction over incidents on the high seas ⓘ |
| originatingIncident | collision on the high seas between the French steamer S.S. Lotus and the Turkish collier Boz-Kourt GENERATED ⓘ |
| originatingIncidentDate | 1926-08-02 GENERATED ⓘ |
| originatingIncidentLocation | high seas in the Aegean Sea ⓘ |
| parties |
France
NERFINISHED
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Turkey NERFINISHED ⓘ |
| proceduralPosture | case submitted to the Court by special agreement between France and Turkey ⓘ |
| ratioDecidendi |
in international law, restrictions upon the independence of States cannot be presumed
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in the absence of a prohibitive rule, a State is free to extend its jurisdiction ⓘ |
| respondentState | Turkey NERFINISHED ⓘ |
| series | P.C.I.J. Series A NERFINISHED ⓘ |
| shortName | Lotus case NERFINISHED ⓘ |
| subjectMatter |
criminal jurisdiction
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jurisdiction in international law ⓘ law of the sea ⓘ |
| TurkeyArgument | Turkey could exercise criminal jurisdiction over offences producing effects on a Turkish ship and Turkish nationals ⓘ |
| vote | decision by a narrow majority ⓘ |
| yearDecided | 1927 ⓘ |
Referenced by (2)
Full triples — surface form annotated when it differs from this entity's canonical label.
this entity surface form:
Case of the S.S. Lotus (France v. Turkey)
Publications of the Permanent Court of International Justice, Series A, No. 10
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citedAs
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Lotus (France v. Turkey), P.C.I.J. Series A No. 10
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