Description
This paper explores the contributions of Mahmut Esat Bozkurt, former Turkish Minister of Justice who represented Turkey in the Lotus case, to the development of an early critical international legal theory. It focuses on Bozkurt’s legal thinking as reflected in his formulation of Turkey’s main arguments in the Lotus case, and the doctrinal alignment between Bozkurt and critical legal theories. Alongside these areas of scrutiny, Bozkurt’s contributions are analysed against historical and contemporary critiques of the international legal order, emphasising perspectives from peripheral jurists. Primary sources are examined through historical and doctrinal analysis, whilst secondary sources are comparatively assessed within an overarching critical approach.Irrespective of one’s views on the contemporary relevance of the “Lotus Principle”, the historic significance of the Lotus case is undeniable. Yet, the originality of Bozkurt's ideas within the international legal framework of his time is frequently omitted: notably, it was Bozkurt’s rephrasing of France’s question, "Did Turkey comply with international law by arresting Captain Demons?" to "Did Turkey violate international law by arresting Captain Demons?", that helped conceive the “Lotus Principle”.
The significance of Bozkurt as a jurist transcends his brilliant lawyering, however, as he was an early critic of the unequal power dynamics in international law. Indeed, Bozkurt believed that the international legal framework often lacked genuine universality, serving mainly to protect the interests of Western powers which imposed their legal frameworks and norms on peripheral countries.
Consequently, this paper asks: could Bozkurt’s radical critique of international law’s structural inequalities, hidden beneath the towering legacy of the Lotus case, foreshadow the innovations of today’s critical legal scholars? Or was his vision of an equitable international legal order destined to be overshadowed by the principles he helped enshrine? The answer may force us to reconsider both Bozkurt’s legacy and the fundamental assumptions underlying international law.
| Period | 9 Jan 2025 |
|---|---|
| Held at | Lund University, Sweden |
| Degree of Recognition | International |