Lotus principle

E851641

The Lotus principle is a foundational concept in international law asserting that states are free to act as they wish unless explicitly restricted by international law, as articulated in the S.S. Lotus case.

All labels observed (2)

Label Occurrences
Lotus principle canonical 5
Lotus rule 1

How this entity was disambiguated

Statements (45)

Predicate Object
instanceOf legal doctrine ⓘ
principle of international law ⓘ
appliedInContext criminal jurisdiction over incidents on the high seas ⓘ
appliesTo sovereign states ⓘ
articulatedBy Judge Basdevant (majority opinion) of the Permanent Court of International Justice ⓘ
articulatedIn Judgment of the Permanent Court of International Justice in S.S. Lotus (1927) ⓘ
concerns allocation of jurisdiction between states ⓘ
residual freedom of states ⓘ
contrastsWith presumption in favor of restrictions on state action ⓘ
coreClaim Restrictions upon the independence of states cannot be presumed ⓘ
States are free to act unless there is a prohibitive rule of international law ⓘ
What is not prohibited by international law is permitted to states ⓘ
criticizedBy many contemporary international law scholars ⓘ
criticizedFor insufficient attention to community interests in international law ⓘ
overemphasis on state freedom ⓘ
formulatedBy Permanent Court of International Justice ⓘ
formulatedInCase S.S. Lotus (France v. Turkey) ⓘ
formulatedYear 1927 ⓘ
hasAlternativeName Lotus presumption ⓘ
Lotus rule ⓘ
linked to: Lotus principle
hasImplication burden of proof lies on those alleging a prohibition under international law ⓘ
in absence of a prohibitive rule, states may extend jurisdiction ⓘ
historicalContext interwar development of international law ⓘ
influenced doctrine of permissive rules in international law ⓘ
subsequent debates on jurisdiction in international law ⓘ
influencedBy classical positivism in international law ⓘ
keyPhrase “International law leaves to States a wide measure of discretion which is only limited in certain cases by prohibitive rules.” ⓘ
“Restrictions upon the independence of States cannot therefore be presumed.” ⓘ
legalDomain public international law ⓘ
namedAfter S.S. Lotus case ⓘ
originatedFromDisputeBetween France ⓘ
Turkey ⓘ
relatedCase S.S. Lotus (France v. Turkey), PCIJ Series A No. 10 ⓘ
relatesToConcept consent in international law ⓘ
customary international law ⓘ
freedom of action of states ⓘ
jurisdiction of states ⓘ
prohibitive rules of international law ⓘ
sources of international law ⓘ
state sovereignty ⓘ
statusInModernLaw contested ⓘ
partly superseded by more restrictive understandings of state powers in some areas ⓘ
stillCitedIn international court and tribunal decisions ⓘ
international law scholarship ⓘ
supportsView presumption in favor of state freedom ⓘ

How these facts were elicited

Referenced by (6)

Full triples — surface form annotated when it differs from this entity's canonical label.

S.S. Lotus → relatedPrinciple → Lotus principle ⓘ
France v. Turkey (Lotus case) → principleArticulated → Lotus principle ⓘ
subject linked to: France v. Turkey
S.S. Lotus v. Turkey → legalPrinciple → Lotus principle ⓘ
Lotus principle → hasAlternativeName → Lotus rule ⓘ
linked to: Lotus principle
Boz-Kourt → relatedLegalPrinciple → Lotus principle ⓘ