The ''Lotus'' case concerns a

criminal trial Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or ...

which was the result of the 2 August 1926 collision between the S.S. ''Lotus'', a French steamer, and the S.S. ''Bozkourt'', a Turkish steamer, in a region just north of

Mytilene Mytilene (; el, Μυτιλήνη, Mytilíni ; tr, Midilli) is the capital of the Greek island of Lesbos, and its port. It is also the capital and administrative center of the North Aegean Region, and hosts the headquarters of the University of ...

(

Greece Greece,, or , romanized: ', officially the Hellenic Republic, is a country in Southeast Europe. It is situated on the southern tip of the Balkans, and is located at the crossroads of Europe, Asia, and Africa. Greece shares land borders with ...

). As a result of the accident, eight Turkish nationals aboard the ''Bozkourt'' drowned when the vessel was torn apart by the ''Lotus''.

Background

On 7 September 1927, the case was presented before the

Permanent Court of International Justice The Permanent Court of International Justice, often called the World Court, existed from 1922 to 1946. It was an international court attached to the League of Nations. Created in 1920 (although the idea of an international court was several cen ...

, the judicial branch of the

League of Nations The League of Nations (french: link=no, Société des Nations ) was the first worldwide intergovernmental organisation whose principal mission was to maintain world peace. It was founded on 10 January 1920 by the Paris Peace Conference that ...

, the predecessor of the

United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...

. The issue at stake was

Turkey Turkey ( tr, Türkiye ), officially the Republic of Türkiye ( tr, Türkiye Cumhuriyeti, links=no ), is a list of transcontinental countries, transcontinental country located mainly on the Anatolia, Anatolian Peninsula in Western Asia, with ...

jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jur ...

to try Monsieur Demons, the French lieutenant on watch duty at the time of the collision. Since the collision occurred on the

high seas The terms international waters or transboundary waters apply where any of the following types of bodies of water (or their drainage basins) transcend international boundaries: oceans, large marine ecosystems, enclosed or semi-enclosed regiona ...

France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...

claimed that 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 involved ships that both flew the flag of the same state. The Court, therefore, by a bare majority, rejected France's position, stating that there was no rule to that effect in

international law International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...

''Lotus'' principle

The ''Lotus'' principle or ''Lotus'' approach, usually considered a foundation of

, says that

sovereign state A sovereign state or sovereign country, is a polity, political entity represented by one central government that has supreme legitimate authority over territory. International law defines sovereign states as having a permanent population, defin ...

s may act in any way they wish so long as they do not contravene an explicit prohibition. The application of this principle – an outgrowth of the Lotus case – to future incidents raising the issue of jurisdiction over people on the high seas was changed by article 11 of the 1958 High Seas Convention. The convention, held in

Geneva Geneva ( ; french: Genève ) frp, Genèva ; german: link=no, Genf ; it, Ginevra ; rm, Genevra is the List of cities in Switzerland, second-most populous city in Switzerland (after Zürich) and the most populous city of Romandy, the French-speaki ...

, 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. This " flag state principle" has since been also been implemented in

United Nations Convention on the Law Of the Sea The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea Treaty, is an international agreement that establishes a legal framework for all marine and maritime activities. , 167 c ...

(UNCLOS), e.g. in article 92 and, in regards to enforcement of environmental legislation, article 217(1). The principle has also been used in arguments against the reasons of the

United States of America The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territo ...

for opposing the existence of the

International Criminal Court The International Criminal Court (ICC or ICCt) is an intergovernmental organization and international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals ...

(ICC).

Mahmut Esat Bozkurt

In the court the Turkish side was represented by

Mahmut Esat Bozkurt Mahmut Esat Bozkurt (1892 – 21 December 1943) was a Turkish people, Turkish jurist, politician, government minister and academic. His birth name was Mahmut Esat. But after the adaptation of the Turkish Surname Law in 1934, he chose the surnam ...

, the

Minister of Justice A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a v ...

. In 1934, when Turkey adopted the formal

surname In some cultures, a surname, family name, or last name is the portion of one's personal name that indicates one's family, tribe or community. Practices vary by culture. The family name may be placed at either the start of a person's full name ...

system, Mahmut Esat chose the surname ''Bozkurt'' as a reminiscence of the case.{{Cite web, url=https://eprints.soas.ac.uk/30377/3/Chinkin%20ozkurt%20Case%20aka%20the%20Lotus%20Case.pdf, title=Bozkurt Case, aka the Lotus Case (France v Turkey):Two Ships that Go Bump in the Night, last=, first=, date=, website=, page=1, url-status=live, archive-url=, archive-date=, access-date=19 April 2020

References

Resources

The Case of The S.S. Lotus
Full Text of the Judgment.
The Case of The S.S. Lotus
Combined French and English version
The Case of The S.S. Lotus
Spanish version / Versi´çon en español 1927 in case law 1927 in international relations International law

Lotus Case The ''Lotus'' case concerns a criminal trial which was the result of the 2 August 1926 collision between the S.S. ''Lotus'', a French steamer, and the S.S. ''Bozkourt'', a Turkish steamer, in a region just north of Mytilene (Greece). As a resul ...

France–Turkey relations Mytilene

Background

''Lotus'' principle

Mahmut Esat Bozkurt

See also

References

Resources