Lotus Case - mmmmmmmmmmmmmmmmm PDF

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Lotus Case 1) Who has adopted the Lotus case? The Lotus case was adopted by the Permanent Court of International Justice the 7th of September of 1927 2) Type of text: Legal document with a judgement 3) Parties: French and Turkish Republics 4) Facts: In 1926 a crash between a Turkish and a French steamer happened. Eight Turkish nationals died, and 10 people were saved. The officer boarding the Lotus (French steamer) was Demons, with French nationality and the Boz-Kourt (Turkish steamer) was guided by Hassan Bey. An investigation was rapidly opened by the Turkish police and Demons was demanded by the Turkish authorities to give evidence. The delay of the Lotus ended in the arrest of Demons without informing the French authorities. The arrest was produced as an arrest pending trial and Demons demanded his release on bail. Demons was sentenced to 80 days of imprisonment and a fine of twenty-two pounds, where as Hassan Bey was sentenced with a harsher penalty. The decisions of the Turkish authorities against Lieutenant Demons provoked various diplomatic representations and actions by the French government. The French authorities demanded the release of Demons and the transfer of the case to the French courts. The two governments appointed a meeting to sign an agreement in Genova and the ratifications were done on December of 1926. 5) Legal Arguments: The judgements started in Turkey and the Turkish jurisdiction will go in favour of the Turkish steamer, therefore, the French authorities refer to the Article 15 of the Convention of Lausanne, respecting conditions of residence and business and jurisdiction, which refers the contracting parties to the principles of International Law as regards the delimitation of their respective jurisdiction. According to article 16, all issues between Turkey and the other contracting powers, shall be arranged in correspondence with the principles of international law. The first limitation established by international law is that a state may not exercise its power in the territory of another state, unless there is a rule deriving from international law that permits it. Therefore, Turkey is not allowed to exercise their own jurisdiction over the case. According to international law, the French government offered the following arguments: International law does not allow a state to take proceedings about crimes produced by foreigners abroad, which is what happened in the present case. According to international law, vessels on the high seas are subject to the authority of the flag they fly. This means that no state can exercise their jurisdiction over foreign vessels. However, the court´s conclusion was that the arguments of the French government are not relevant to the issue, or do not establish a principle of international law that does not permit Turkey from doing the prosecution against Lieutenant Demons.

The court established that Turkey didn’t act contrary to the principles of international law and therefore, all they actions they took were done lawfully....