荷花号案【英文版】thelotuscase.docx

??File E. c.?Docket XI?Judgment No. 9?7 September 1927?PERMANENT COURT OF INTERNATIONAL JUSTICETwelfth (Ordinary) Session?The Case of the S.S. Lotus?France v. TurkeyJudgment????BEFORE:President:HuberVice-President:Weiss?Former?PresidentLoderJudges:Lord Finlay,?Nyholm,?Moore, De Bustamante, Altamira, Oda, Anzilotti, Pessoa???National Judge:Feizi-Daim Bey?Represented By:France:Basdevant, Professor at the Faculty of Law of ParisTurkey:His Excellency Mahmout Essat Bey, Minister of Justice????Perm. Link:/pcij/eng/decisions/1927.09.07_lotus.htm??Citation:S.S. Lotus (Fr. v. Turk.), 1927 P.C.I.J. (ser. A) No. 10 (Sept. 7)Publication:Publications of the Permanent Court of International Justice, Series A - No. 10; Collection of Judgments, A.W. Sijthoff’s Publishing Company, Leyden, 1927.?????[p5] [1] By a special agreement signed at Geneva on October 12th, 1926, between the Governments of the French and Turkish Republics and filed with the Registry of the Court, in accordance with Article 40 of the Statute and Article 35 of the Rules of Court, on January 4th, 1927, by the diplomatic representatives at The Hague of the aforesaid Governments, the latter have submitted to the Permanent Court of International Justice the question of jurisdiction which has arisen between them following upon the collision which occurred on August 2nd, 1926, between the steamships Boz-Kourt and Lotus.?[2] According to the special agreement, the Court has to decide the following questions:(1) Has Turkey, contrary to Article 15 of the Convention of Lausanne of July 24th, 1923, respecting conditions of residence and business and jurisdiction, acted in conflict with the principles of international law – and if so, what principles - by instituting, following the collision which occurred on August 2nd, 1926, on the high seas between the French steamer Lotus and the Turkish steamer Boz-Kourt and upon the arrival of the French steamer at Constantinople as well as against the captain of the Turkish steamship