The Clipperton Island Case France v. Mexico
![handle is hein.journals/ilanrelat2 and id is 96 raw text is: Volume 2 -94- November 18, 1932
Bulletin No. 42 and 43
CUMULATIVE DIGEST
DIRECTOR RESEARCH ASSISTANTS
ELLERY C. STOWELL WARREN D. CHANDLER
INTERNATIONAL LAW AND RELATIONS HOPE KELSEY
ASSISTANT DIRECTOR LOUISE MACCRACKEN
FREDERIKA CRITCHETT AMERICAN UNIVERSITY GRADUATE SCHOOL ELIZABETH M. SIMON
SECRETARY 1901 F STREET NORTHWEST ROBERT G. SURRIDGE
JOSEPHINE JOAN BURNS
WWARREN D.NCHD.DLE
THE CLIPPERTON ISLAND CASE
FRANCE v. MEXICO
The Mexican Senate has recently postponed to an indefinite
date, consideration of its bill to provide for compliance with
the arbitral award of the King of Italy in the Clipperton Island
Case. The Senate's decision to table the bill is said to be
based on the assumption that it might create a situation embar-
assing to the incoming American administration which has not yet
declared its policy towards Mexico. That the United States
might interpret French acquisition of the Island as a violation
of the Monroe Doctrine has been widely discussed in Mexico. [1]
Clipperton Island, apparently uninhabitable, is a low coral
reef, approximately two and a third statute miles in diameter,
and is situated six hundred and seventy miles southwest from the
Mexican coast, in the Pacific Ocean, about as far from Panama as
Washington is. Although discovered by Capt. Clipperton, an
Englishman, in 1705, it was, apparently, never claimed by the
British Government. It was rediscovered by a French captain
in 1709 but France made no formal claim to sovereignty until 1858.
In spite of the relative insignificance of the land in dis-
pute, this case is particularly important from the standpoint
.of International Law. That France had a stronger title than
Mexico, by right of discovery, is clear. However, it can hardly
be said that she fulfilled the customary rule of International
Law - of following up her discovery by subsequent occupation
within a reasonable time. [2] Therefore, the alleged principle
enunciated in this award, with reference to what constituted a
valid title to sovereignty over such uninhabited (in point of fact
uninhabitable) [3] land, as Clipperton Island, is especially
significant from the point of view of its possible applicability
to such other uninhabitable portions of the earth as the Arctic
and Antarctic regions.
The following translated text of the award of the Italian
King gives a full account of the facts, issues, and principles
involved in the controversy, which has been hanging fire since
1898, and concludes with the award of the arbiter.
Josephine Joan Burns
[1] of. A.P. despatch, Mexico City, Nov. 14th, 1932, printed in
the Washington Post, Nov. 15th.
[23 J. B. Moore's Digest, vol. I, p. 258 et seq.
3 Based upon the known geographical conditions.
ANNUAL SUBSCRIPTION 55.00
Reproduction by Permission of Buffalo & Erie County Public Library Buffalo, NY](ViewImageLocal?handle=hein.journals/ilanrelat2&div=28&collection=&method=preview&ext=.png&size=3)
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The Clipperton Island Case France v. Mexico
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