Clipperton Island Arbitration

Facts:

Clipperton Island is an inhabited island coral in the Pacific Ocean, southwest of

Mexico, West of Costa Rica. It was discovered by the French in 1711. They then
drew it upon their maps and declared it part of France. Mexico then alleged to
claim such island as it undertook activities therein on 1848-1849. On November
1858, Emperor Napoleon III reverted it back to France, this then still made the
ownership of the island undecided as France rendered no acts of sovereignty
over it. In November 1897, the French naval Authorities found 3 Americans who
then place their flag upon the island asserting ownership. Mexico then reasserted
its claim on December 1897 to where a colony was then established.

1916, France insisted on its ownership and a diplomatic correspondence

between 2 nations leading up to a treaty on 1909 to seek arbitration of King
Victor Emmanuel III of Italy. In 1931, King Victor Emmanuel III of Italy declared
Clipperton to be under the jurisdiction of France. It
was ruled that Mexico was not able to prove historic
right over the Island.

Issue:

Whether or not Mexico claims the Territorial jurisdiction over the Clipperton
Islands

Ruling:

No, When France proclaimed her sovereignty over Clipperton, the Island was in
a legal situation of terra nullius, and therefore susceptible to occupation. By the
regularity of the act of France, it is clear that it had the intention to consider the
island as his territory. It is beyond doubt that by immemorial usage having the
force of law, besides the animus occupandi, the actual, and not the nominal,
taking of possession is a necessary condition of occupation. This taking of
possession consists in the act, or series of acts, by which the occupying state
reduces to its possessionthe territory in question and takes steps to exercise
exclusive authority there.