Subject: Re: [BoundaryPoint] Re: DEFRLU + BEDELU & eagle pass
Date: Jul 01, 2003 @ 02:44
Author: Lowell G. McManus ("Lowell G. McManus" <mcmanus71496@...>)
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----- Original Message -----
From: "acroorca2002" <orc@...>
To: <BoundaryPoint@yahoogroups.com>
Sent: Monday, June 30, 2003 7:53 PM
Subject: [BoundaryPoint] Re: DEFRLU + BEDELU & eagle pass
> --- In BoundaryPoint@yahoogroups.com, "Lowell G. McManus"
> <mcmanus71496@m...> wrote:
> > I do not really think for one minute that the USA/Mexico
> boundary is anything
> > other than absolutely vertical. I agree with Acroorca that, IF the
> monuments
> > indeed fix the boundary on the bridge; then the boundary
> probably jogs away from
> > the ever-moving thalweg along the flanks of the bridge to reach
> the fixed
> > monumented point. The notion of any contortions out of the
> vertical are
> > patently ridiculous in the absence of specific treaty language
> (and would still
> > be bizarre even with it).
>
> i agree with acroorca too but here is what he may be missing
>
> the freakin iwbc is probably going to say to you lowell
> the thalweg rules on the ground & up to the upper surface of the
> bridge
> but the monument then causes the boundary to follow the right of
> way or the bridge edges out to the monumented transsection
> & since thats the way they probably see it & will probably call it
> that means
> de facto at least
> vertical differentiation of sovereignty
>
> & everyone will say de facto in such a case is as good as de jure
> & they will be right too
> for the prevailing perception however berserk is far more
> important than the reality
> in the illusion that we call reality
> of which more below
>
> > The US segments of bridges on the Rio Grande border tend to
> be owned by the
> > private sector or local governments. The State of Texas owns
> only one (at
> > Presidio), and the IWBC itself owns a few! Those that are
> privately owned (all
> > of the railway and some of the highway bridges) are subject to
> property
> > taxation.
>
> yes this is the saving grace acro hadnt anticipated
> a good & necessary reason to normalize & rationalize
> however ineptly
> this lurch & disjunction from normal reality
>
> > For that reason alone, it would be most practical to fix the
> boundary
> > on bridges. Additionally, the railways have federal authority to
> operate as
> > common carriers. If the US railway built, owns, and maintains
> the bridge to the
> > boundary monument, and if the connecting Mexican railway
> has the rest; what
> > happens then if the boundary moves southward with the
> accreting river. Private
> > property would not pass to the other party. That would leave a
> segment of track
> > in the USA that pertains to a railway not having common-carrier
> authority in the
> > USA. (In the several cases where Canadian and Mexican
> railways have and do own
> > huge amounts of track in the USA, it is done through US
> subsidiaries that do
> > have such authority).
> >
> > I, like Acroorca, would be most interested to learn where it is
> written that
> > IWBC bridge monuments trump accretions of the thalweg. I
> have been unable to
> > find any copies of the applicable treaties on the web. (It's
> almost as if the
> > feds were intentionally hiding them, but I know that they're
> published in
> > books.)
>
> maybe the feds of both countries
>
> & here is where they may take you for an interesting ride
> to the answer of another nagging question
>
> why is it that every monument on caus is geopintpointed &
> published online
> but scarcely a one on mxus
>
> could that have anything to do with all these embarrassingly fuzzy
> bridge lurches they might prefer to keep secret
> or to some other embarrassments we would like to know about
>
> end of insertions
>
>
> > I believe that the currently governing treaty would be that of
> November
> > 23, 1970. The treaties could very well provide for the joint
> survey of the
> > boundary and that monuments once established along the dry
> boundary AND AT RIVER
> > CROSSING POINTS and accepted by both sovereigns are
> fixed. We all know that
> > even an astronomically flawed demarcation of a dry boundary
> governs nevertheless
> > if it has been ratified by the parties.
> >
> > Lowell G. McManus
> > Leesville, Louisiana, USA
> >
> >
> > ----- Original Message -----
> > From: "acroorca2002" <orc@o...>
> > To: <BoundaryPoint@yahoogroups.com>
> > Sent: Monday, June 30, 2003 9:58 AM
> > Subject: [BoundaryPoint] Re: DEFRLU + BEDELU & eagle
> pass
> >
> >
> > > len
> > > of course this question refers only to the accreted sectors &
> not
> > > to the avulsed ones at all
> > > where there is no question the markers do rule
> > >
> > > & then if you do learn that the ibwc markers do indeed legally
> > > trump their corresponding thalweg position
> > > & i would think there is certainly a good possibility of this
> > > it will still be necessary to learn the path by which the
> boundary
> > > gets from the ground to the bridge
> > > or the presumption will remain that the bridge jog sector
> > > whether expressly or implicitly
> > > interrupts the thalweg boundary for the width of the bridge
> > > & along its edges
> > > but still without vertical differentiation of sovereignty
> > > just as we saw occurs by law in lithuania
> > >
> > > but please do continue the hot pursuit
> > >
> > > i am sure you are on to something big here
> > > if not a vertigal jog
> > > then at least the clear delineation of a fantastic illusion
> > >
> > > --- In BoundaryPoint@yahoogroups.com, "acroorca2002"
> > > <orc@o...> wrote:
> > > > --- In BoundaryPoint@yahoogroups.com, "L. A. Nadybal"
> > > > <lnadybal@c...> wrote:
> > > > > I think the answers to the question of their being dry land
> > > areas
> > > > > within the DE-LUX condo will be answered when we see
> the
> > > > treaty text.
> > > >
> > > > i thought we already knew there are many such dry areas
> > > >
> > > > > I've ordered a copy of the book, and when I have digested
> it,
> > > I'll
> > > > > post whatever is there that exposes something.
> > > >
> > > > great
> > > >
> > > > > Also, sometime this week, I'll visit the Border
> Commission
> > > HQ
> > > > here in
> > > > > DC and ask if a drug runner or people smuggler is
> captured
> > > > under the
> > > > > bridge south of the border marker but on the north side of
> the
> > > > river
> > > > > if the person is in the U.S. or in Mexico at that point, and
> I'll let
> > > > > you know what they say.
> > > >
> > > > great
> > > > you are on the leading edge of this question then
> > > > which i think boils down to
> > > > where does it actually say
> > > > ibwc markers above the river trump the thalweg
> > > >
> > > >
> > > >
> > > > > It'll probably be some maneuver words, such as "we have
> a
> > > hot
> > > > pursuit
> > > > > agreement so the government needn't establish a
> precedent
> > > > by
> > > > > ascertaining the answer".
> > > > >
> > > > > LN
> > > > >
> > > > >
> > > > >
> > > > >
> > > > >
> > > > >
> > > > > --- 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
> > >
> > >
> > >
> > >
> > >
> > > Your use of Yahoo! Groups is subject to
> http://docs.yahoo.com/info/terms/
> > >
> > >
> > >
>
>
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