The Lotus Case | France v. Turkey

The Lotus Case (France v. Turkey, PICJ 1927; p. 100)

• Collision in intl waters btwn Fr and Turkey. Turkey claims flying of its flag on the ship (making it Turkish territory) means that it shld have jurisdiction. French said nationality and flag (territory).
• Treaty of Lausanne:
  • Ended the Ottoman Empire (Brits took over Palestine 1923-1947 and then they decided to get out and UN decided to create a Jewish state and Palestine state (but then war broke out.))
  • Ended “capitulations.”—source of conflict btwn middle east and Western.
  • Article 15, see p. 103—intl law governs when conflict btwn Ottoman Empire and the West. “principles of intl law.”
• France: positivist approach—says T shld pt to some jurisdiction rule.
• Turkey: burden is on Fr to produce a rule.
• Issue is burden of proof: Fr must have proof that T’s jurisdiction wld violate intl law.
• What are “principles of intl law”?
  • The positivists prevailed—so no look at natural law.
  • Strong conceptual arguments on both sides so Fr didn’t meet its burden.
• No longer applicable case today due to Law of the Sea.—jurisdiction based on flag and nationality.