Lotus Case France v Turkey International Law explained Lex Animata Hesham Elrafei скачать в хорошем качестве

Lotus Case France v Turkey International Law explained Lex Animata Hesham Elrafei

France v Turkey The Lotus Case Case of the SS ‘Lotus’ The Lotus case, international Law, visualized. The Lotus case concerns a criminal jurisdiction regarding a collision on the High Seas , where a French ship collided with a Turkish ship. The collision caused the Turkish ship to sink and the death of the Turkish crew. The French ship sailed to Turkey, where the French captain was arrested, and he was charged with manslaughter. In 1926, Turkey and France requested the Permanent Court of International Justice to decide, if Turkey's exercise of jurisdiction, amounted to a violation of international law, and whether Turkey had violated article 15 of the Lausanne Convention. In 1927 , the Court held that there is no rule of international law, granting exclusive jurisdiction to flag States, in respect of high-seas collisions. the court also said that the rules of law binding upon States, emanate from their own free will. The ‘Lotus principle’ holds that international law is the product of the free will of States. It cannot be created without the consent of States, and it cannot be imposed upon them. The decision has been much criticized, and contrary rules were later adopted, like the Brussels Convention on Penal Jurisdiction in Collision Matters, the Geneva Convention on the High Seas, and the U.N. Convention on the Law of the Sea. (Lotus case), PCIJ, Series A, No 10 (1927) Case of SS Lotus (France v Turkey), PCIJ, Series A, No 10 (1927) #internationallaw #law #lawschool