Business of the Lotus
The judgment of the international permanent Cour of justice (CPIJ) on the business of the Lotus was handed down on September 7th 1927 on the competence of a State in International law.
Facts
August 2nd 1926 about midnight, a Ship French, the Lotus , which sailed bound for Constantinople, will approach in open sea a Turkish ship, the Boz-Kourt , in the Mediterranean. This Turkish ship, under the effect of the shock, will break into two and will sink. During the Boarding, eight marine S Turkish dies. The French ship saves ten sailors Turkish, then goes to Constantinople where it arrives on August 3rd. August 15th, the Capitaine French of the ship will be stopped by the authorities and on September 15th he is condemned by the courts Turkish because of the damage undergone by the nationals Turkish.
Problems of right
The France protests near the Turkey by making the point that the captain being of French nationality and the ship under French house, Turkey did not have any title of competence to consider the acts made. France considered that penal competence is of territorial nature and thus cannot be exerted with regard to facts which proceeded apart from the State. The damage was caused in open sea, therefore it returns to the Flag state to exert penal competence. Turkey pled that it was competent because of nationality of the victims. This business of the Lotus poses two problems: Which are competences of the State? What does it occur when two States are jointly qualified?
Solutions of the international permanent Court of justice
It will consider that the international law was not violated. The State only exerts, other than all, its official functions. The CPJI thus judged that exclusiveness prohibited any action of constraint of a State on the territory of another State. One retains the famous dictum " of it; the limitations of the independence of the States do not suppose " , i.e. all that is not interdict in international law is allowed. On the habit and the voluntarism of the international relations: " the legal provisions which bind the states, are the fruit of their will, in conventions or the generally accepted uses as devoting principles of the right "
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