- Full Text of Judgement : http://www.worldcourts.com/pcij/eng/decisions/1927.09.07_lotus.htm
The issue at stake was Turkey's jurisdiction to try Monsieur Demons, the French officer on watch duty at the time of the collision. Since the collision occurred on the high seas, France claimed that only the state whose flag the vessel flew had exclusive jurisdiction over the matter. France proffered case law, through which it attempted to show at least state practice in support of its position. However, those cases both involved ships that flew the flag of the flag state and were thus easily distinguishable. The Court, therefore, rejected France's position stating that there was no rule to that effect 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. This principle – an outgrowth of the Lotus case – was later overruled by article 11 of the 1958 High Seas Convention. 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 in high seas.
|UNSCR 1874(2009) (0)||2011.05.03|
|'로터스호 사건' (The Lotus Case, PCIJ Series A, No. 10, 1927 - France vs. Turkey) (0)||2011.02.23|