Untitled 5
Party of the Case: (France vs. Turkey, PCIJ, 192)
Fact of the Case:
In this Case a French ship named Lotus and a Turkey ship Boz Kourt had a clash with at clash, each other in the open sea. For that clash, Boz Kourt Sank and some crews died. After that when Lotus reached in Istanbul, Turkey arrested Demos, a crew of that ship and also captured the ship Lotus and also ask to pay compensation.
Then France told Turkey to free the ship Lotus but Turkey refused to make the ship free. Then they started the trial in Turkish Court.
Fact in Issue:
Does Turkey have any authority to trial this case?
Judgment:
The International Court of Justice held that, France and Turkey both the states have the authority to trial this case and Turkey have done no wrong to make this case trial in their court.The court again held that in different circurnstances, Flag state has the extreme authority to judge the case but it does not mean that, a state has no focus standing to judge a crime made by its citizens on its territory.
YAHOO incorporation case
Brief Fact Summary
[Facts not stated in casebook excerpt, but case is an appeal of the judgment by a French court in LICRA et UEJF v. Yahoo! Inc. Yahoo! appealed on grounds that compliance interfered with U.S. constitutional free speech guarantees.
Facts
[Facts not stated in casebook excerpt, but case is an appeal of the judgment by a French court in LICRA et UEJF v. Yahoo! Inc. After that judgment, Yahoo! Inc. posted on Yahoo.fr a warning to French citizens that searches might lead them to items that violate French law. Yahoo! Inc. also prohibited the auctioning of items on its website that promoted racist groups, excepting government-issue stamps and coins, and establishing a more permissive stance on items of personal expressions, such as books or films. Yahoo! did not try to technologically prevent French citizens from accessing websites auctioning any item.]
Discussion
A different result in this case would have serious implications. If other countries can block information on the Internet and impose their customs and values on the rest of the world, the Internet would distribute only the least and most generic information, which would result in an extreme restriction of American rights to free speech.
Party of the Case: (France vs. Turkey, PCIJ, 192)
Fact of the Case:
In this Case a French ship named Lotus and a Turkey ship Boz Kourt had a clash with at clash, each other in the open sea. For that clash, Boz Kourt Sank and some crews died. After that when Lotus reached in Istanbul, Turkey arrested Demos, a crew of that ship and also captured the ship Lotus and also ask to pay compensation.
Then France told Turkey to free the ship Lotus but Turkey refused to make the ship free. Then they started the trial in Turkish Court.
Fact in Issue:
Does Turkey have any authority to trial this case?
Judgment:
The International Court of Justice held that, France and Turkey both the states have the authority to trial this case and Turkey have done no wrong to make this case trial in their court.The court again held that in different circurnstances, Flag state has the extreme authority to judge the case but it does not mean that, a state has no focus standing to judge a crime made by its citizens on its territory.
YAHOO incorporation case
Brief Fact Summary
[Facts not stated in casebook excerpt, but case is an appeal of the judgment by a French court in LICRA et UEJF v. Yahoo! Inc. Yahoo! appealed on grounds that compliance interfered with U.S. constitutional free speech guarantees.
Facts
[Facts not stated in casebook excerpt, but case is an appeal of the judgment by a French court in LICRA et UEJF v. Yahoo! Inc. After that judgment, Yahoo! Inc. posted on Yahoo.fr a warning to French citizens that searches might lead them to items that violate French law. Yahoo! Inc. also prohibited the auctioning of items on its website that promoted racist groups, excepting government-issue stamps and coins, and establishing a more permissive stance on items of personal expressions, such as books or films. Yahoo! did not try to technologically prevent French citizens from accessing websites auctioning any item.]
Discussion
A different result in this case would have serious implications. If other countries can block information on the Internet and impose their customs and values on the rest of the world, the Internet would distribute only the least and most generic information, which would result in an extreme restriction of American rights to free speech.