- (A key argument) Article 15 of the Convention of Lausanne 1923 allows Turkey jurisdiction whenever such jurisdiction does not come into conflict with a principle of international law.
Turkey has jurisdiction, and therefore no reparation should be paid by the Turkish government to the French government. How do you cite the Lotus case?
'Lotus', France v Turkey, Judgment, Judgment No 9, PCIJ Series A No 10, ICGJ 248 (PCIJ 1927), (1935) 2 Hudson, World Ct Rep 20, 7th September 1927, League of Nations (historical) [LoN]; Permanent Court of International Justice (historical) [PCIJ].
What happened in the Lotus case?
In 1926, a French steamboat, the S.S.
Lotus, collided with a Turkish steamboat, the Botz-Kourt.
This resulted in the sinking of the Turkish boat and the death of eight Turkish nationals.
Turkish authorities (plaintiffs) instituted criminal proceedings against the French officer on duty aboard the S.S..
What is Article 15 of the Convention of Lausanne in the Lotus case?
(A key argument) Article 15 of the Convention of Lausanne 1923 allows Turkey jurisdiction whenever such jurisdiction does not come into conflict with a principle of international law.
Turkey has jurisdiction, and therefore no reparation should be paid by the Turkish government to the French government..
What is opinio juris in the lotus case?
The two essentials needed to consider an act to become a customary principle, those are: Consistent and widespread state practice; Opinio Juris- derived from the maxim 'opinio juris sive necessitatis', which means 'an opinion of law or necessity'.
It is a belief that an action to be carried out as a legal obligation..
What is the argument in the Lotus case?
It is stated in Paragraph 45 that one country cannot operate without its jurisdiction unless there is a special law enacted by an international tribunal to be applied.
The second principle of the lotus case was that a country or state has the right to use its power within its territory..
What is the case of the SS Lotus ICJ?
-The Boz-Kourt-Lotus case being a case involving "connected" offences (délits comzexes), the Code of criminal procedure for trial-which is borrowed from France-lays down that the French officer should be prosecuted jointly with and at the same time as the Turkish officer ; this, moreover, is confirmed by the doctrines .
What is the Lotus case on jurisdiction?
Lotus principle
The convention, held in Geneva, 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..
What is the Lotus case principle international law?
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..
What is the Lotus case under international law?
The lotus case concerns the criminal trial between France and Turkey, where the clash between these two countries' vessels took place in the high sea on 2 August 1926.
The case was accepted and the decision was made by the permanent court of international justice on 7 September 1927..
What is the significance of the Lotus case in international law?
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..
What is the significance of the lotus case?
Lotus case from 1927 marked a turning point in the growth of modern international law.
This case raised significant issues regarding whether or not governments may exercise jurisdiction over incidents that take place outside of their boundaries because it involved a collision between two ships in international waters..
What was the outcome of the Lotus case?
Lotus at the time of the collision, Lieutenant Demons (defendant).
Demons objected on the ground that Turkey had no jurisdiction to bring charges.
The Turkish court overruled this objection and sentenced Demons to a fine and imprisonment..
Why was Lotus case criticised?
He criticized the Lotus dictum as an outmoded, 19th century positivist approach that is overly discriminatory toward State consent.
He claimed that the Court should have considered the possibility that international law can be purposefully neutral or silent on the international legality of specific acts..
- He criticized the Lotus dictum as an outmoded, 19th century positivist approach that is overly discriminatory toward State consent.
He claimed that the Court should have considered the possibility that international law can be purposefully neutral or silent on the international legality of specific acts. - On August 2nd, 1926, just before midnight, a collision occurred between the French mail steamer Lotus, proceeding to Constantinople, and the Turkish collier Boz-Kourt, between five and six nautical miles to the north of Cape Sigri (Mitylene).
