The Lotus Case (France vs Turkey)

A collision occurred on the high seas between a French vessel Lotus and a Turkish vessel
Boz-Kourt. The Turkish vessel sank and eight Turkish nationals died. The 10 survivors of
the Boz-Kourt were taken to Turkey on board the Lotus. The French mail steamer was
captained by a French citizen Lieutenant Demons was charged with manslaughter and
sentenced to 80 days of imprisonment and a fine. The French government protested,
demanding the release of Demons or the transfer of his case to the French Courts.
Turkey and France agreed to refer this dispute on the jurisdiction to the Permanent Court of
International Justice.
The Lotus principle was propounded, a foundation of international law, says that sovereign
states may act in any way they wish so long as they do not contravene an explicit prohibition.
It was held that Turkey had the right to prosecute Lieutenant Demons.
It adopted the effects doctrine saying
it is certain that the courts of many countries, even of countries which have given their
criminal legislation a strictly territorial character, interpret criminal law in the sense that
offences, the authors of which at the moment of commission are in the territory of another
State, are nevertheless to be regarded as having been committed in the national territory, if
one of the constituent elements of the offence, and more especially its effects, have taken
place there. French courts have, in regard to a variety of situations, given decisions
sanctioning this way of interpreting the territorial principle.