Due to a United States’ multilateral treaty reservation, the Court could not rely on the United Nations Charter and was compelled to base its findings in relation to the use of force customary and general principles of international law. As a result, the Nicaragua case developed a significant jurisprudence on customary international law relating to (1) the use of force and non-intervention, (2) elements necessary to form customary international law, and (3) the relationship between customary and treaty law.
Name of the Case: The Lotus Case (France vs Turkey); Year of the decision: 1927; and Court: PCIJ.
Overview: A collision occurred on the high seas between a French vessel and a Turkish vessel. Victims were Turkish nationals and the alleged offender was French. Could Turkey exercise its jurisdiction over the French national, in accordance with international law?