Lotus (France v. Turkey), P.C.I.J. Series A No. 10

E851647

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.

All labels observed (7)

How this entity was disambiguated

Statements (47)

Predicate Object
instanceOf case of the Permanent Court of International Justice
international court judgment
landmark case in international law
applicantState France
areaOfLaw customary international law
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
consequence French officer Lieutenant Demons was prosecuted in Turkey
contains dissenting opinions
separate opinions
court Permanent Court of International Justice
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)
holding States may exercise jurisdiction unless there is a prohibitive rule of international law to the contrary
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
subsequent jurisprudence of the International Court of Justice
isConsidered a classic authority on State jurisdiction
keyPrinciple Lotus principle
languageOfJudgment French
legacy often cited for the proposition that what is not prohibited in international law is permitted for States
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
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
originatingIncidentDate 1926-08-02
originatingIncidentLocation high seas in the Aegean Sea
parties France
Turkey
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
in the absence of a prohibitive rule, a State is free to extend its jurisdiction
respondentState Turkey
series P.C.I.J. Series A
shortName Lotus case
subjectMatter criminal jurisdiction
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

How these facts were elicited

Referenced by (7)

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

French steamship Lotus ledTo Case of the S.S. Lotus (France v. Turkey)
linked to: Lotus (France v. Turkey), P.C.I.J. Series A No. 10
Publications of the Permanent Court of International Justice, Series A, No. 10 citedAs Lotus (France v. Turkey), P.C.I.J. Series A No. 10
Lieutenant Demons subjectOf Lotus (France v. Turkey) judgment of the Permanent Court of International Justice
linked to: Lotus (France v. Turkey), P.C.I.J. Series A No. 10
Lotus principle relatedCase S.S. Lotus (France v. Turkey), PCIJ Series A No. 10
linked to: Lotus (France v. Turkey), P.C.I.J. Series A No. 10
Boz-Kourt mentionedIn Lotus (France v. Turkey) judgment
linked to: Lotus (France v. Turkey), P.C.I.J. Series A No. 10
Lotus (France v. Turkey), P.C.I.J. Series A No. 10 fullName The Case of the S.S. "Lotus" (France v. Turkey)
linked to: Lotus (France v. Turkey), P.C.I.J. Series A No. 10
Lotus (France v. Turkey), P.C.I.J. Series A No. 10 citationStyle S.S. "Lotus" (France v. Turkey), Judgment, 1927 P.C.I.J. (ser. A) No. 10
linked to: Lotus (France v. Turkey), P.C.I.J. Series A No. 10