Subject: Re: [BoundaryPoint] Re: MXUS Treaty 1970
Date: Jul 07, 2003 @ 05:19
Author: Lowell G. McManus ("Lowell G. McManus" <mcmanus71496@msn.com>)
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----- Original Message -----
From: "L. A. Nadybal" <lnadybal@comcast.net>
To: <BoundaryPoint@yahoogroups.com>
Sent: Sunday, July 06, 2003 11:18 PM
Subject: [BoundaryPoint] Re: MXUS Treaty 1970
> I think I agree - for this case only.
> I think however, the ambiguity in it all leaves the ground under the
> bridge subject to US sovereignty for all purposes other than the
> bridge... capturing wetbacks, for instance. When a purpose has
> something to do with the bridge, then Mexicans have sovereign rights
> to park their construction, inspection, repair or painting trucks
> under it without deference to the US. Would that make a condominium?
>
> Assuming Mexican crews lowered themselves from their half of the
> bridge to a spot on the ground under it, did they ever leave Mexico to
> take advantage of their sovereign right? The border has got to be
> somewhere, and I've yet to figure out where. Could it be in two
> places at once?
>
> LN
>
>
>
> --- In BoundaryPoint@yahoogroups.com, "acroorca2002" <orc@o...> wrote:
> > again
> > in the absence of any wording that clearly establishes a
> > nonstandard regime by explicitly delineating a vertical
> > differentiation of some kind
> > & in view of the reiteration of the defining & standard provision
> > practically verbatim from 1884 to 1970
> > namely that
> > the monument shall denote the boundary or dividing line for all
> > the purposes of the bridge
> > it seems to me that nothing of any relevance to your question
> > has changed at all
> >
> > moreover
> > among the purposes of a bridge
> > are
> > to rise above the ground it rests on
> > & to form a passageway across that ground
> > & even to occupy the ground &or the space above it
> > in order to maintain the special purposes & nature or treatment
> > of that ground itself
> >
> > indeed to carry this line to its logical & necessary conclusion
> > without the special ground & markers there can be no bridges
> > & without the bridges & markers
> > there cant even be any specially treated ground
> >
> > so it seems to me
> > both from what is actually said & from what is not
> > in every regard
> > the bridge includes or subsumes the land underneath it
> > &
> > in relation to our starting proposition
> > which is that boundaries are vertically continuous
> > unless otherwise specified
> > if indeed they are ever otherwise specified
> > well once again
> > as i see it
> > no news is no news
> >
> > --- In BoundaryPoint@yahoogroups.com, "Lowell G. McManus"
> > <mcmanus71496@m...> wrote:
> > > 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
>
>
>
>
>
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