California Western School of Law

Smith, Wilbur Holmes, II

English

The Duty to Render Assistance at Sea: Is it Effective or Adrift?

International Law Journal, California Western

BOOK REVIEWS
THE BORDER INDUSTRIALIZATION PROGRAM OF MEXICO. By
W. Baerresen. Lexington, Mass.: D.C. Heath and Co. 1971.
Pp. xvii, 133. $12.50.
As the result of strong economic motivation on the side of
both the United States and Mexico during the past five or six years,
there has been a dramatic growth of U.S. industry on the south
side of the border. From the Mexican side, the main drive has
come from unemployment. The problem was somewhat alleviated
by the Bracero program prior to its outlawing in 1965, and subse-
quently by the illegal entry of the so-called "wetbacks," probably
exceeding a quarter of a million annually. But the problem still
remains, partly because of the high birth rate. For a United
States company, the chief advantage of a Mexican branch, some-
times one of paired, or twin, plants located along the border, is the
relatively low cost of labor.
Despite the phenomenal growth of this trade, made possible
by suspension of duties on foreign parts and materials for re-
export from Mexico, and by the application of duties on imports
into the United States only to value added in Mexico, Dr. Baer-
resen's is the first systematic study of this new and interesting de-
velopment. The sequence of the central chapters reveals a busi-
ness administration orientation of the study: plant location, labor
situation, public services and infra-structure facilities, and the
problems of customs clearance both into Mexico and into the
United States. So also is the model, developed in Chapters 7 and
8, which identifies and shows how to assign relevant weights to the
critical variables in decisions as to whether to establish a plant
south of the border, where to locate, what cost relationships are
important, and what their behavior must be to assure profitable
operation.
The chapters dealing with each phase of business in border
production facilities are amply provided with up-to-date statistical
information, as well as with a wealth of objective information of
less precisely quantifiable character, e.g., the time required at
various "ports of entry" for customs clearance in both south and
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International Law Journal: Book Reviews
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BOOK REVIEWS
north shipments, evaluations of telephone, water and other services
in various localities, and the like. Baerresen has not only exploited
all available quantitative sources, but bases his exposition also on
extensive travels and interviews with officials and businessmen
throughout the region.
Finally, it deserves to be emphasized that the study is not
limited to "strictly business" matters; it reflects first-hand acquain-
tance with political, social, and human problems in Mexico. Thus,
he points out' that some workers may require several weeks of
employment before they acquire enough nourishment and energy
for a full day's work. His appraisals of labor unions, of political
parties, and of Mexican politics in general2 are tolerant and be-
nevolent. The concluding pages of the book afford a judicious
appraisal of the Border Program from both Mexican and the
United States viewpoints. Not merely productivity considerations,
but many intangible political and sociological aspects argue
strongly against a resurgence of narrow protectionist measures on
behalf of labor or firms, in either of these neighboring countries.
One closes the book with the feeling that an important but neg-
lected problem has been treated with expert judgment.
Howard S. Ellis*
1. D. BAERRESEN, THE BORDER INDUSTRIALIZATION PROGRAM OF MEXICO
36 (1971).
2. Id. at 107, 116.
* Flood Professor of Economics (Emeritus), University of California,
Berkeley; A.B., State U. of Ia., 1920; A.M., University of Michigan, 1922; A.M.,
Harvard, 1924, Ph. D., 1929; LL.D. (honorary), University of Michigan, 1951.
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THE CODIFICATION OF PUBLIC INTERNATIONAL LAW. By
R.P. Dhokalia. Manchester: Manchester University Press; Dobbs
Ferry: Oceana Publications Inc. 1970. Pp. xv, 367. $12.50.
On December 17, 1970, the General Assembly of The United
Nations decided to convene a Conference on The Law of the Sea
to be held in 1973. (Resolution 2750 C(XXV)). This con-
ference will deal generally with the establishment of an adequate
international regime, including international machinery for the in-
ternational sea-bed. Specifically, the Conference will consider a
precise definition of the international sea-bed area; the regimes of
the high seas, the continental shelf, the territorial sea (including its
breadth and the international straits) and contiguous zone; fish-
ing and conservation of the living resources of the high seas (in-
cluding the preferential rights of coastal states); the preservation
of the marine environment, including the prevention of pollution;
and, scientific research. On the same date the General Assembly
also adopted a Declaration of Principles Governing the Sea-Bed
and the Ocean Floor, and the Sub-Soil Thereof, Beyond the Lim-
its of National Jurisdiction (Resolution 2749 (XXV)), which
enunciated fifteen principles to govern the area. Among these
principles are: the area and its resources are the common heritage
of mankind; the area shall not be subject to appropriation by States
or persons, and no State shall claim or exercise sovereignty over
any part thereof; all activities regarding exploration and exploita-
tion of the resources of the area shall be governed by the interna-
tional regime to be established; the area shall be open to use ex-
clusively for peaceful purposes by all States whether coastal or
landlocked, without discrimination, in accordance with the inter-
national regime to be established; exploration and exploitation of
the area shall be carried out for the benefit of mankind as a whole;
an international regime applying to the area, including appropriate
international machinery, shall be established, and it shall inter alia
provide for orderly and safe development of the area and ensure
the equitable sharing by States in the benefits derived therefrom,
taking into particular consideration the interests and needs of the
developing countries. Within this framework is found the au-
thority and direction for a subject which promises to draw the
greatest number of participants ever to attend a codification con-
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BOOK REViEWS
ference. The calendar of meetings, symposia and seminars in ad-
vance of this important conference is as thick as the Bible. And
of course, a tremendous amount of documentation is being pre-
pared by governments, scholars, intergovernmental working
groups and international officials in addition to that produced by
the U.N. internal organs. Also appearing in advance of the con-
ference, is the book under review which describes the history and
progress of the codification movement.
Dr. Dhokalia believes that "the codification process repre-
sents the most substantial progress towards realizing fully the idea
of a legally ordered society of states governed by a global law."'
With the view that world organization and law must be inter-
linked in order to attain peace and order, and codification acting
as the catalyst to coalesce the two, the author takes us on the
historic road of codification.
The presentation is divided into three distinct parts. We
first meet the pioneering advocates of world organization such as
Dubois, Dante, Cruc6, Grotius, Penn, Rousseau, Bentham, Mill,
Kant, Jay, and Bluntschli. A synopsis of the work of the 19th
century Peace Societies, the international peace congresses and
inter-parliamentary conferences precedes a cursory examinaton of
the peace movement in the 20th century through international or-
ganizations as exemplified by the International Labour Organiza-
tion, the League of Nations and the United Nations.
The thrust of Part Two is concerned with an account of the
attempts at the codification of international law. Herein we ini-
tially find an excellent brief of the codification projects by Ben-
tham, Abb6 Gr6goire, Domin-Petrushevecz, Bluntschli, Field, Fi-
ore, Duplessix and Internoscia. At times, the author provides a
brief assessment or evaluation of the individual project. One
criticism is that there is not enough of the author's personal evalu-
ation in this area. In accordance with the author's desire to re-
flect important attempts at codification, the reader will find ref-
erences to the work of Coline, Ferrater, Parodo, Bara and Kat-
chenovsky. But admittedly, the list is not meant to be exhaustive.
The role and contribution to the codification movement by some of
the scientific organizations such as The American Society of In-
ternational Law and The Institute of International Law are en-
1. R. DHOKALIA, THE CODIFICATION OF PUBLIC INTERNATIONAL LAW xi
(1970).
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CALIFORNIA WESTERN INTERNATIONAL LAW JOURNAL
countered. These individual and non-governmental group efforts
really provide background leading up to eventual participation
in the law-making process by nations which possess the law-mak-
ing power.
Brief accounts are provided of the initiative of Catherine II
of Russia in 1780 regarding neutrality; the impact of the United
States compilation of a national manual of rules pertaining to land
warfare in 1863; the influence of the Declaration of Paris of 1856,
which formulated and reformed rules regarding naval warfare and
influenced the promulgation of national maritime codes; and, the
results of 19th century conferences, i.e., the Congress of Vienna
of 1815, the Congress of Paris of 1856, the Congress of Geneva
in 1864, and the Brussels Conference of 1874, all of which met
for the purpose of determining rules and regulations for the con-
duct of war.
The labors of the Hague Peace Conferences of 1899 and
1907 are outlined, but their significance from a procedural point
of view, with regard to the evolutionary process of international
codification, cannot be overemphasized. It was here that the
foundation of the principle of equality of states at last emerged.
Dr. Dhokalia assesses the reasons for failures at the confer-
ences chiefly with respect to organization and procedure, but in a
positive light he reflects that they set progress in motion; "they
represented a climax in the codification movement, no compara-
ble progress has since been recorded in the formulation of inter-
national law by general state consent until recently, under the aus-
pices of the United Nations."2
A detailed analysis of the history, achievements and short-
comings of the First International Conference for the Codification
of International Law of 1930 held under the League of Nations
auspices, is offered to the reader. In his appraisal of the work of
the Conference, the author finds the results disappointing and
meager when considering the purpose for which it was called.
The defects and flaws in the preparatory work, and the Confer-
ence procedure and confusion over the purpose of codification are
put forward. For comparative purposes of the pre-United Na-
tions worldwide international experience, the author presents an
analysis of codification attempts and successes in the regional
sphere, namely in the Inter-American System. The second por-
2. Id. at 109.
Vol. 2
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International Law Journal: Book Reviews
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BOOK REVIEWS
tion of the book closes with a summary of the important Geneva
legal code, pertaining to various aspects of war codified as a result
of the two world wars.
The last part of the book is devoted to an examination of the
International Law Commission, its role and contribution to codi-
fication. It will be recalled that Briggs' book,' the first on the
subject, was limited in that it did not provide a critical legal ap-
praisal of the results of the Commission's work. A careful treat-
ment of the Commission's origin, purpose, composition and func-
tions are presented. Dr. Dhokalia is straightforward in asserting
that, in the main, the Commission is filled excessively with foreign
office lawyers who are either official or unofficial governmental le-
gal advisers conscious of their own national interests. A better
balance, he suggests, would include academic lawyers. With re-
gard to the qualifications for ILC membership, the author be-
lieves that non-western scholars are at a marked disadvantage, and
their competence has lesser opportunity of being recognized be-
cause their writings are not in western languages. He also fa-
vors the creation of conditions whereby judges of the International
Court of Justice would be appointed to the ILC. Currently it is
a one way street leading to the Court. A two way street would
unequivocally demonstrate to the world community the value and
importance attached to codification.
In the final chapter, the reader encounters a summary of
prospects for the future and some deep thought on how codification
should proceed. The author echoes the viewpoint put forward by
Professor Julius Stone that the subject matter studied for purposes
of codification should not be viewed only from the juridical aspect
but rather it should reflect the "sociological substratum." That is,
the problem project should be considered in a social, political,
technological and psychological setting. Sociological substratum
of the law of nations could be researched by universities, research
centers and scientific bodies with the results then communicated
to the ILC. Greater input can be realized through the use of the
work of the Inter-American Council of Jurists, the Asian-African
Legal Consultative Committee, the European Committee on Le-
gal Co-operation, and perhaps a similar body to be constituted by
communist countries. Further achievement could be destined if
codification conferences sponsored by the United Nations were
held on a regular basis.
3. BRIGGS, THE INTERNATIONAL LAW COMMISSION (1965).
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CALIFORNIA WESTERN INTERNATIONAL LAW JOURNAL
Progress is also predicated on a fundamental rethinking of in-
ternational law because of the present expanded international com-
munity. If codification and growth of international law are not
to be retarded it is suggested that an integration of certain ex-
ternal factors must occur, such as the diversity of legal systems
(the African, Buddhist, Communist, Hindu, Islamic and Jewish),
account for the proliferation of sovereign states in the last half
century, and its off-shoot-conflicting national interests, and the
communist ideology. General principles of law from the diverse
legal systems are also potentially a fertile source of development of
international law. One gap in the sources of international law is
the absence of a compilation on questions of international law in
the national courts of members of the United Nations, although
undoubtedly, such a project would be a herculean task.
The book is very well written and documented. Anyone in-
terested in international law will gain much from this historical ap-
proach and systematic treatment of the subject. It will be most in-
teresting to continue following the preparatory steps leading to
the codification conference scheduled for 1973; those charged with
responsibilities for any aspect of that conference would do well to
read the past record of codification to insure maximum effective-
ness at the conference table.
Daniel C. Turack*
* Professor of Law, Franklin Law School, Capital University; B.A., Uni-
versity of Toronto, 1957; LL.B., University of Osgoode Hall, 1960; LL.M., 1961;
S.J.D., University of Michigan, 1969.
Vol. 2
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International Law Journal: Book Reviews
Published by CWSL Scholarly Commons, 1971


Book Reviews

Egbert, Lawrence G.

Human Rights: A Background Sketch and Where to Find More on the Subject

Burgess, Jay A.

Romania Looks West: An Analysis of Legislative Change in the Foreign Trade Sector During the Sixties

Levine, Stanley L.

United Nations Foreign Arbitral Awards Convention: United States Accession

CALIFORNIA WESTERN
INTERNATIONAL LAW JOURNAL
VOLUME 1 FALL 1970 NUMBER 1
CONTENTS
ARTICLES
Legal Liability Resulting from Space Activities
H. Cushman Dow ----------------------------------
New Zealand's Coastal Jurisdiction William F. Foster .........- 13
The European Atomic Energy Community (Euratom):
The Limits of Supranationalism Delbert D. Smith ------- 33
The Legal Status of Articles 1-3 of the Continental
Shelf Convention According to the North Sea Cases
Myron Nordquist --------------------------------- 60
COMMENTS
Family Unity Doctrine v. Sham Marriage Doctrine
Ben Echeverria --------- 80
Joint Ventures Abroad and Per Se Antitrust Violations
Keith Kellison ------------------------------------ 95
Dual Mexican-American Nationality: A Vehicle to
Investment Charles A. Peckham ------------------- 115
American Utilization of the Mexican Border
Industrialization Program Charles E. Rumbaugh -------- 128
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International Law Journal: Contents
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NOTES
DIPLOMATIC PROTECTION OF CORPORATIONS AND
SHAREHOLDERS-CAPACITY OF GOVERNMENT
TO ESPOUSE CLAIMS OF SHAREHOLDERS OF A
FOREIGN CORPORATION-Belgium lacked jus standi
to exercise diplomatic protection of Belgian shareholders
of a Canadian Corporation with respect to measures taken
against that Corporation by Spanish Authorities in Spain-
Barcelona Traction, Light and Power Company, Limited
(New Application: 1962) (Belgium v. Spain). Preston
G. Lutz ------------------------------ 141
SETTING SAIL WITH WRONGFUL DEATH-AN AC-
TION DOES LIE UNDER GENERAL MARITIME LAW
FOR DEATH CAUSED BY VIOLATION OF MARI-
TIME DUTIES-Moragne v. States Marine Lines, Inc., 90
S.Ct. 1772 (1970). Robert P. Irwin ----------------- 151
BOOK REVIEWS
GAL, SPACE LAW compared with LAY AND TAUBENFELD,
THE LAW RELATING TO ACTIVITIES OF MAN IN SPACE
Carl Q. Christol --------------------------------- 163
SALISBURY, WAR BETWEEN RUSSIA AND CHINA
Lionel M. Summers ------------------------------ 168
PRESIDENT'S COMMISSION, FOR FREE MEN IN A FREE WORLD
V icto r C . F olsom ---------------------------------------------------------------- 17 8
BOOKS CONSIDERED FOR REVIEW --- 183_1
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Nordquist, Myron

Legal Status of Articles 1-3 of the Continental Shelf convention According to the North Sea Cases

Irwin, Robert P.

Setting Sail with Wrongful Death: An Action Does Lie Under General Maritime Law for Death Caused by Violation of Maritime Duties -- Moragne v. States Marine Lines, Inc., 90 S. Ct. 1772 (1970)

This comment is about the events leading to the evolution of the Mexican Border Industrialization Program

Rumbaugh, Charles E.

American Utilization of the Mexican Border Industrialization Program

Dessent, Michael H.

Trustees Power: The Power to Sell Includes the Power to Option