Subject: Re: [BoundaryPoint] MXUS Treaty 1970
Date: Jul 06, 2003 @ 03:11
Author: Lowell G. McManus ("Lowell G. McManus" <mcmanus71496@msn.com>)
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I have abstracted the entire 1970 treaty, and it contains some fairly unorthodox
provisions! My abstraction is attached in Word format. Yes, I know, I went
overboard, but I wanted y'all to appreciate the full thrust of the treaty
without my having to transcribe it verbatim.

For those who don't care to read the attached, here is the Article relative to
bridges:

"The boundary on international bridges which cross the Rio Grande or the
Colorado River shall be shown by an appropriate monument exactly over the
international boundary determined by this Treaty at the time of demarcation.
When in the judgment of the Commission the variations of the international
boundary should warrant that the monument on any bridge should be relocated, it
shall so recommend to the two Governments and with their approval may proceed to
the reinstallation. This monument shall denote the boundary for all the
purposes of such bridge. Any rights other than those relating to the bridge
itself shall be determined, in case later changes occur, in accordance with the
provisions of this Treaty."

Compare that with the respective language from the Convention of 1884 [as quoted
by L.N.], which document is expressly terminated by the 1970 Treaty:

"If any international bridge have been or shall be built across either rivers
named, the point on such bridge exactly over the middle of the main channel as
herein determined shall be marked by a suitable monument, which shall denote the
dividing line of all purposes of such bridge, notwithstanding any change in the
channel which may thereafter supervene. Because of the frequent changes in the
course of the rivers, any right other than in the bridge itself and in the
ground on which it shall be built shall in the event of any subsequent change be
determined in accordance with the general provisions of this convention."

Note that the 1970 Treaty drops all reference to the ground on which bridges are
built.

I think that we sorted out all relevant questions a few days ago as they would
have been under the 1884 Convention, but this 1970 Treaty sends us back to the
drawing board. I throw it out there you, and I await your comments.

Lowell G. McManus
Leesville, Louisiana, USA