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The Lotus Case

The Lotus Case concerned a 1926 collision between a French steamship and a Turkish steamer in the Aegean Sea that resulted in 8 Turkish deaths. Turkey tried the French officer in charge, but France claimed only the flag state had jurisdiction over incidents in international waters. The court rejected France's argument, though this principle was later overturned requiring flag state or state of offender jurisdiction for high seas incidents.

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233 views1 page

The Lotus Case

The Lotus Case concerned a 1926 collision between a French steamship and a Turkish steamer in the Aegean Sea that resulted in 8 Turkish deaths. Turkey tried the French officer in charge, but France claimed only the flag state had jurisdiction over incidents in international waters. The court rejected France's argument, though this principle was later overturned requiring flag state or state of offender jurisdiction for high seas incidents.

Uploaded by

KELVIN A JOHN
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd

The Lotus Case

From Wikipedia, the free encyclopedia

The Lotus Case concerns a criminal trial which was the result of the August 2, 1926
collision between S.S. Lotus, a French steamship (or steamer), and the S.S. Boz-Kourt a
Turkish steamer in a region just north of Mitylene. The case was presented before the
Permanent Court of International Justice, the judicial branch of the League of Nations,
the predecessor of the United Nations.

As a result of the accident, eight Turkish nationals aboard the Boz-Kourt drowned when
the vessel was torn apart by the Lotus.

The issue at stake was Turkey's jurisdiction to try the French officer in watch at the time
of the collision. Since the collision occurred in high seas, France claimed that only the
flag state had exclusive jurisdiction over the matter. The Court, however, rejected their
position saying that there was no rule to that effect in international law.

This principle was later overruled by article 11 (1) of the High Seas Convention, 1958,
which emphasised 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.

[The Case of The S.S. Lotus Document in PDF format


includes information on Judgment.

This Case Law article is a stub. You can help Wikipedia by expanding it.

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