Mexico -- Commerce; Mexico -- Economic conditions; Mexico -- Politics and government -- 1910-1946
The whole interpretation of the oil features of Article 27 seems at
variance with the ideas of genuine radicals as completely as it is at
variance with the ideas of dyed-in-the-wool conservatives who still
dare talk of “vested rights.” The effect of the enforcement of the
nationalization plan would be first to change royalty payments from
the land owners to the government and second to move the dealings for
oil leases from the open field and the negotiations of plain buying
and selling to the conferences of government officials where honor is
to-day a more commercial commodity than land, and where the proportions
of lease money to graft would be as one to ten. It would indeed, bring
on the era of concessions and favoritism with a vengeance, and the
dismal pictures of the foreigners’ corruption and exploitation of
Mexico would become a bitter reality.
At present, the chief hope of avoidance of such a condition lies in
Article 14 of the same Constitution of 1917, which declares that none
of the provisions of that instrument shall be construed as being
retroactive. The interpretation of non-retroactivity has been the
subject of much discussion. At one time Carranza’s foreign minister
told the oil companies that it should be understood to mean that the
government would not collect for the oil already extracted. At other
times it has been held that the expropriation of petroleum rights would
not affect the properties where wells were opened prior to May 1st,
1917; then not to land acquired for drilling purposes before that date.
It was this detail which was taken up by the Mexican Supreme Court in
August, 1921. But after years of fighting single incidents, and working
along the theory that American companies could demand only their own
rights, the issue has actually broadened to the whole question of
property rights of Mexicans as well as foreigners. There are millions
of acres of potential petroleum land in Mexico, not one per cent of
which is owned or leased by foreigners, and all this would be wiped
out, along with foreign properties, if the oil were declared definitely
confiscated to the nation, or even if merely the “oil” lands were
exempted.
Were non-retroactivity interpreted to nationalize only the oil and
coal in federal lands to which no title had ever been given to private
individuals, the vested rights of land owners would be protected
whether petroleum had been discovered on the property or not. Such
an idea of nationalization would approximate the control of oil in
national lands in the United States under the new leasing laws. It is
this interpretation which the oil companies and the Mexican land owners
are seeking, and which has not been touched by the Mexican Supreme
Court decisions noted above.
Public-domain text, read in full here on John Shaqi.
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