The S.S. Lotus Case and International Law

Case Background

• Court: Permanent Court of International Justice
• Location: The Hague, Netherlands
• Year: 1927
• Incident: Collision between a French mail steamer (S.S. Lotus) and a Turkish steamer (S.S. Boz-Kourt)
• Circumstances:
  • Occurred in the Mediterranean Sea, during the middle of the night
  • French ship was likely at fault
  • Turkish ship was cut, resulting in seven Turkish deaths and ten rescues by the French vessel
  • French vessel continued to Constantinople (now Istanbul)
• Aftermath: Investigation and arrest of the French lieutenant of the watch by Turkish authorities

Legal Dispute

• France’s Claim: Turkey had no jurisdiction as the collision happened on the high seas; hence the French lieutenant was within French territory
• Turkey’s Position: Turkish laws allowed for the trial of foreigners for crimes against Turks if they were arrested in Turkey

Court’s Decision and Principles

• Fundamental Judgments: About the workings of international law
• Nation as Free Agent: Each nation is entitled to make its own laws as long as it does not conflict with international laws
• International Law:
  • Governs relations between independent states
  • Derived from the free will of nations, expressed in conventions or generally accepted practices
  • Restrictions on state independence must not be presumed
• Sovereignty Principle:
  • States must not overstep international law limits
  • States' exercise of jurisdiction is part of their sovereignty
• Lotus Principle:
  • Nations may create laws as long as they do not contradict binding international laws
  • National sovereignty takes precedence over international law
  • International law comprises agreements among nations for a stable international order
  • International law is not imposed by a higher authority, but rather agreed upon by individual nations