Judicial Activism and Judicial Self-Restraint: The PCIJ’s Lotus Case

Abstract

The Permanent Court of International Justice (PCIJ) is considered to be the point of departure in the institutionalization of international justice and the emergence of a permanent international judiciary. The judgment can be viewed under a minimalist reading, or, alternatively, as a pronouncement of a more general import. This chapter examines Lotus from this perspective. It focuses on the judgment, in particular the Lotus dictum and its meaning, before discussing whether and to what extent this dictum has had an influence on the post-PCIJ era. The Lotus dictum has generated much debate, and, while its underlying assumption has been surpassed to a large extent by the development of international law, it is still remembered from time to time and evoked in its 'infinite variety'. Lotus remains one of the leading cases to be turned to when assessing the PCIJ's influence in the development of the theory of international law-making. Keywords:international law; Lotus dictum; Permanent Court of International Justice (PCIJ)