Lotus principle

E851641

The Lotus principle is a foundational concept in international law asserting that states are free to act as they wish unless explicitly restricted by international law, as articulated in the S.S. Lotus case.

All labels observed (2)

Label Occurrences
Lotus principle canonical 5
Lotus rule 1

How this entity was disambiguated

Statements (45)

Predicate Object
instanceOf legal doctrine
principle of international law
appliedInContext criminal jurisdiction over incidents on the high seas
appliesTo sovereign states
articulatedBy Judge Basdevant (majority opinion) of the Permanent Court of International Justice
articulatedIn Judgment of the Permanent Court of International Justice in S.S. Lotus (1927)
concerns allocation of jurisdiction between states
residual freedom of states
contrastsWith presumption in favor of restrictions on state action
coreClaim Restrictions upon the independence of states cannot be presumed
States are free to act unless there is a prohibitive rule of international law
What is not prohibited by international law is permitted to states
criticizedBy many contemporary international law scholars
criticizedFor insufficient attention to community interests in international law
overemphasis on state freedom
formulatedBy Permanent Court of International Justice
formulatedInCase S.S. Lotus (France v. Turkey)
formulatedYear 1927
hasAlternativeName Lotus presumption
Lotus rule
linked to: Lotus principle
hasImplication burden of proof lies on those alleging a prohibition under international law
in absence of a prohibitive rule, states may extend jurisdiction
historicalContext interwar development of international law
influenced doctrine of permissive rules in international law
subsequent debates on jurisdiction in international law
influencedBy classical positivism in international law
keyPhrase “International law leaves to States a wide measure of discretion which is only limited in certain cases by prohibitive rules.”
“Restrictions upon the independence of States cannot therefore be presumed.”
legalDomain public international law
namedAfter S.S. Lotus case
originatedFromDisputeBetween France
Turkey
relatedCase S.S. Lotus (France v. Turkey), PCIJ Series A No. 10
relatesToConcept consent in international law
customary international law
freedom of action of states
jurisdiction of states
prohibitive rules of international law
sources of international law
state sovereignty
statusInModernLaw contested
partly superseded by more restrictive understandings of state powers in some areas
stillCitedIn international court and tribunal decisions
international law scholarship
supportsView presumption in favor of state freedom

How these facts were elicited

Referenced by (6)

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

S.S. Lotus relatedPrinciple Lotus principle
France v. Turkey (Lotus case) principleArticulated Lotus principle
subject linked to: France v. Turkey
S.S. Lotus v. Turkey legalPrinciple Lotus principle
Lotus principle hasAlternativeName Lotus rule
linked to: Lotus principle
Boz-Kourt relatedLegalPrinciple Lotus principle