Subject: Re: DEFRLU + BEDELU & eagle pass
Date: Jun 30, 2003 @ 13:08
Author: acroorca2002 ("acroorca2002" <orc@...>)
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thanxx twice lowell
for even without having seen the maps
i am practically certain your analysis is correct
& just the latest on our long trail of busted claims
of vertically differentiated sovereignty
a topic most recently revisited & summarized in messages 9963
9971 9973 9974 9975 9985 9990

& similarly your very interesting eagle pass observation or try
just like all the other bridge markers along mxus
is i think most probably overridden by the accretions of the river
since the unavulsed rio border has been defined & oft reiterated
as the living thalweg or middle of the deepest channel of the rio

& thus
unless there is some legal provision here that i am unaware of
like the lithuanian one by which bridges & their markers trump
thalwegs
or say one that makes even the misguided & unratified acts of
the ibwc trump the treaty texts & the laws of both countries
then i think all mxus bridge markers are technically relict even as
they are being installed
since they refer at best to the accurate thalweg position in the
past rather than actually marking the present legal reality

& the fact that these markers are far more likely to be observed
than the thalweg ever is
& are so official looking to boot
indeed because they are official
makes for a hilarious mass delusion
but not yet necessarily for vertically differentiated sovereignty

usually the distances involved are so small & ephemeral & the
practical distinctions so nonexistent that nobody notices or cares
& i think that is where the matter presently stands

however it does set up a situation in which the vertical
differentiation could eventually accrue
upon & above the bridges
by uti possidetis juris
if ever tested & adjudicated that way

it is just that we have seen no evidence for this yet
& until there is
i think we have here & in many other places on the rio & in the
world today illusory or fuzzy borders & the particular illusion of
differentiated vertical sovereignty
but not yet the actual fact of it

--- In BoundaryPoint@yahoogroups.com, "Lowell G. McManus"
<mcmanus71496@m...> wrote:
> L. A. Nadybal wrote:
>
> > a. There is a piece of land on the France-Condo border in
white.
> According to the Legend, the pink is the joint sovereignty area -
and
> the piece of land is not in pink, not in Luxembourg proper and
not in
> Germany proper, either.
>
> Actually, the map shows TWO such mystery areas: (1) The
end of the island that
> sticks from France into the condominium; and (2) the jetty or
wing-wall that
> extends twice as far from the lock in France at the left edge of
the lower map.
>
> Actually, I think these lands and the bridge as well are within
the condominium.
> Notice that in the legend, the German and French texts relating
to the condo are
> right beside the island and bridge. I think they're saying that
everything
> between the pink dashed lines is condo (including lavender
water and white lands
> and bridge). All dry DELU boundary lines and those fronting
the condo are shown
> as pink dashed lines, and there are none around the white
island.
>
> Lowell G. McManus
> Leesville, Louisiana, USA