Subject: Re: DEFRLU + BEDELU & eagle pass
Date: Jun 30, 2003 @ 13:43
Author: L. A. Nadybal ("L. A. Nadybal" <lnadybal@...>)
Prev Post in Topic Next [All Posts]
Prev Post in Time Next
--- In BoundaryPoint@yahoogroups.com, "acroorca2002" <orc@o...> wrote:
> 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