Lotus case

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The Lotus Case
Seal of the Permanent Court of International Justice.png
Court Permanent Court of International Justice
Full case name The Case of the S.S. "Lotus" (France v. Turkey)
Decided7 September 1927
ClaimTurkey has illegally arrested Mr. Demons, captain of the Lotus
Ruling
There is no rule of international law reserving jurisdiction of crimes committed in high seas to the flag State; Turkey did not violate any law in arresting Mr. Demons
Court membership
President
Associate judges Bernard Loder  · Robert Finlay  · John Bassett Moore  ·Didrik Nyholm · Antonio Sánchez de Bustamante y Sirven  · Rafael Altamira y Crevea  · Yorozu Oda  · Dionisio Anzilotti  · Epitácio da Silva Pessoa
Case opinions
MajorityHuber, joined by Bassett Moore, Sánchez de Bustamante y Sirven, Oda, Anzilotti, Da Silva Pessoa
DissentLoder
DissentWeiss
DissentFinlay
DissentNyholm
DissentAltamira

The Lotus case was an international legal case involving France and Turkey in front of the Permanent Court of International Justice. The case is known for establishing the so-called "Lotus principle" in international law.

Contents

The case

Background

On 2 August 1926 the S.S. Lotus, a French steamer, collided with the S.S. Bozkourt, a Turkish steamer, in a region just north of Mytilene (Greece). As a result of the accident, eight Turkish nationals aboard the Bozkourt drowned when the vessel was torn apart by the Lotus.

Turkey proceeded to arrest the Lotus's captain, Mr. Demons; he was subsequently charged and condemned by the Turkish Courts for the damage and the deaths caused by the accident.

Appeal to the PCIJ

France protested against Turkish actions, claiming that, since the crime was committed in high seas, any charge against Mr. Demons belonged to the flag State jurisdiction, i.e. to the French judiciary.

On 7 September 1927, the case was presented before the Permanent Court of International Justice, the judicial branch of the League of Nations, the predecessor of the United Nations. France accused Turkey of illegally arresting Mr. Demons in violation of international law.

France proffered case law, through which it attempted to show at least state practice in support of its position. However, those cases involved ships that both flew the flag of the same state. The Court, therefore, by a bare majority, rejected France's position, stating that there was no rule to that effect in international law.

Lotus principle

The Lotus principle or Lotus approach, usually considered a foundation of international law, says that sovereign states may act in any way they wish so long as they do not contravene an explicit prohibition. The application of this principle an outgrowth of the Lotus case to future incidents raising the issue of jurisdiction over people on the high seas was changed by article 11 [1] of the Convention on the High Seas. The convention, held in Geneva in 1958, laid emphasis on the fact that only the flag state or the state of which the alleged offender was a national had jurisdiction over sailors regarding incidents occurring on the high seas.

Subsequent evolution of international law

This "flag state principle" has since also been implemented in United Nations Convention on the Law Of the Sea (UNCLOS), e.g. in article 92 and, in regards to enforcement of environmental legislation, article 217(1). [2]

The principle has also been used in arguments against the reasons of the United States of America for opposing the existence of the International Criminal Court (ICC). [3]

Mahmut Esat Bozkurt

In the court the Turkish side was represented by Mahmut Esat Bozkurt, the Minister of Justice. In 1934, when Turkey adopted the formal surname system, Mahmut Esat chose the surname Bozkurt as a reminiscence of the case. [4]

See also

Related Research Articles

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Events in the year 1927 in Turkey.

<span class="mw-page-title-main">Mahmut Esat Bozkurt</span> Turkish politician

Mahmut Esat Bozkurt was a Turkish jurist, politician, government minister and academic. His birth name was Mahmut Esat. But after the adaptation of the Turkish Surname Law in 1934, he chose the surname Bozkurt in remembrance of the Grey Wolf, a symbol for Turkdom. The surname also refers to the Turkish steamer S.S. Bozkurt in the Lotus case. He was in the intellectual environment of the Turkish Hearths for almost two decades.

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References

  1. "Convention of the High Seas (1958)". Archived from the original on 2017-03-22. Retrieved 2007-02-27.
  2. Jesper Jarl Fanø 2019). 'Enforcing International Maritime Legislation on Air Pollution through UNCLOS'. Hart Publishing. Ch. 6 and 8.
  3. "US Opposition to the International Criminal Court". Archived from the original on 2020-02-23. Retrieved 2007-02-27.
  4. "Bozkurt Case, aka the Lotus Case (France v Turkey):Two Ships that Go Bump in the Night" (PDF). p. 1. Retrieved 19 April 2020.

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