SOVEREIGNTY LIMITS
SOVEREIGNTY
THEORY IN INT’L LAW TRADITIONAL LIMITATION
French vessel collided with a
Turkish vessel on high seas, killing seaman on Turkish boat; negligent French ship’s officer subsequently arrested & tried
in Turkish court for manslaughter with issue couched in terms whether
Turkey could criminalize act on French vessel (nationality, hence territoriality),
with analysis whether this new apparent rule was permissible in terms of
whether sovereignty in int’l law system means acts like
criminalizing French officer’s behavior are permitted only if Turkey’s rule
is accepted in advance by other states or, rather, view that Turkey’s rule
should be respected unless specifically prohibited by international
law
(Concept all things are permitted
which are not prohibited, versus all things are prohibited unless
permitted)