#lotuscase

[pilldreams]

i don't know if we are mutuals tbh but HEY

1. first impression: cutie with a nice blog *follows on tumblr and ig*2. truth is: how did i not find you sooner omg3. how old do you look: 20???4. have you ever made me laugh: i hope for the future5. have you ever made me mad: no oh god6. best feature: you have a nice face shh7. have i ever had a crush on you: no omg8. you’re my: new person im following omfg9. name in my phone: n/a10. should you post this too? if you want ~

[dakshinieruwanthikagunaratne]

The Lotus Case: A Summary Focusing on Jurisdiction

That famous case of the ICJ where the Court held that (almost) anything is possible, as long as it not prohibited by international law. The principle survived  Kosovo - would it survive Crimea? The jurisprudence is advance for its time as it set the bench mark for, what we now call, subjective and objective territoriality. The ICJ took a positivist approach on State consent and sovereignty: a fact criticised by some. Here is an excerpt of the famous two principles. Note the distinction between what is permissible within a State's territory and what is permissible extra territorially. "The first principle of the Lotus case said that jurisdiction is territorial: A State cannot exercise its jurisdiction outside its territory unless it an international treaty or customary law permits it to do so. The second principle of the Lotus case: Within its territory, a State may exercise its jurisdiction, on any matter, even if there is no specific rule of international law permitting it to do so. In these instances, States have a wide measure of discretion, which is only limited by the prohibitive rules of international law." You can read the full summary here.

(Source: ruwanthikagunaratne.wordpress.com)