- Copyright Page
- Table of Cases
- Table of Legislation
- List of Contributors
- Introduction: Defining State Jurisdiction and Jurisdiction in International Law
- The Beginnings of State Jurisdiction in International Law until 1648
- The <i>Lotus</i> Case in Context: Sovereignty, Westphalia, Vattel, and Positivism
- The European Concept of Jurisdiction in the Colonies
- Immanuel Kant and Jurisdiction in International Law
- Navigating Diffuse Jurisdictions: An Intra-State Perspective
- Jurisdictional Pluralism
- Deepening the Conversation between Socio-Legal Theory and Legal Scholarship about Jurisdiction
- Critical Approaches to Jurisdiction and International Law
- Cosmopolitan Jurisdiction and the National Interest
- Jurisdictional Immunities of the State in International Law
- The Establishment, Change, and Expansion of Jurisdiction through Treaties
- Territoriality and Globalization
- Private Interests and Private Law Regulation in Public International Law Jurisdiction
- Jurisdiction and State Responsibility
- Enforcing Criminal Jurisdiction in the Clouds and International Law’s Enduring Commitment to Territoriality
- The ‘J’ Word: Driver or Spoiler of Change in Human Rights Law?
- International Investment Law, Hybrid Authority, and Jurisdiction
- Conceptions of State Jurisdiction in the Jurisprudence of the International Court of Justice and the Permanent Court of International Justice
- The Evolving Nature of the Jurisdiction of the Security Council: A Look at Twenty-First-Century Practice
- International Criminal Jurisdiction
- Jurisdiction and International Territorial Administration
Abstract and Keywords
This chapter addresses the significance of the 1927 case of SS Lotus to assess jurisdiction in international law from a historical perspective. It situates the Lotus case in its historical context by considering the influence of the Westphalian legal order and Emer de Vattel’s understanding of state sovereignty on the Court’s judgment. The influence of both of these frameworks supports the positivistic stance taken by the Permanent Court of International Justice (PCIJ) in this decision, which remains present in the more recent jurisprudence of the International Court of Justice (ICJ). By examining the Lotus case, the chapter then looks at the theoretical assumptions that underpin state sovereignty and jurisdiction in international law.
Stéphane Beaulac is a full professor (professeur titulaire) at the University of Montreal, Canada; in 2017–2018, he was a Flaherty visiting professor at the University College Cork, Ireland. He teaches public international law, human rights law, and comparative constitutional law. His current research includes the law of independence (selfdetermination, secession) and the national use of international law. He has published some twenty law books and over a hundred scientific papers and articles. His work has won prizes and has been cited by the International Court of Justice.
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