“Collision”

Our group have made a pencil or ballpen holder which depicts the Lotus case. In this
diorama, it shows the collision between the S. S. Lotus, a French steamship and the S. S.
Bozkurt, a Turkish steamer that occurred on the high seas in Greece. The accident resulted to
eight Turkish nationals aboard the Borzkurt drowned when the vessel was torn apart by the
Lotus. The case was presented before the Permanent Court of International Justice on September
7, 1997. The issue being questioned was the jurisdiction of Turkey to try French lieutenant
Monsieur Demons who is on duty at the time of collision. France claimed that the state whose
flag the vessel flew had exclusive jurisdiction over the matter. France presented case law,
through which it attempted to show at least state practice in support of its position. However,
those cases involved ships that both flew the flag of the same state. The Court, therefore, through
simple majority, rejected France’s position stating that there was no rule to that effect in
international law. The Lotus principle defined as the sovereign states may act in any way they
wish so long as they do not contravene an explicit prohibition.

A ballpen holder, on the other hand, serves as container of pens, pencils and other office
supplies which is placed usually on the top of the table. This helps the users from organizing his
things because a ballpen holder can be distinguished and handed easily. The material used in
making the said holder are the usual household materials which can be found without difficulty
which was redefined by paints and other decorations. This holder is also a diorama or a model
representing a scene with three-dimensional figures. The model, aside from being an office tool,
also portrays the Lotus case which was discussed above. This may entice international law
students, professors or law practitioner to read or review the subject while using the holder. This
also aid the mentioned individuals to remind or refresh to them the facts of the Lotus case.

Submitted by:

Chan, John Philip S.

Magluyan, Leirainah

Navarro, May Cheryl L.

IR – 458