Subject: Re: MXUS Treaty 1970
Date: Jul 08, 2003 @ 18:31
Author: L. A. Nadybal ("L. A. Nadybal" <lnadybal@...>)
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> I agree with your interpretation of a "tongue" of Mexicansovereignty "filled
> with a bridge" that extends out over and beyond theaccretion-altered boundary
> in the middle of the river.Mexican
>
> I would go so far as to say that this Mexican sovereignty over the
> portion of the bridge encompasses the substance of the bridge itself(including
> its foundation piers into the earth), all traffic and persons uponit, all work
> for its operation and maintenance, etc. This is all for "thepurposes of such
> bridge" and would be "relating to the bridge itself" (to use theTreaty's
> words). Everything else (the land under the bridge, the territorialairspace
> above the bridge, etc.) would be just as if the bridge had neverexisted.
>of the
> I would have to say that the accreted land under the Mexican segment
> bridge was Mexican soil while the Convention of 1884 was in force,but it was
> among the many pieces of land that changed sovereignty on the datethe 1970
> Treaty went into force (April 18, 1972). After all, the 1970 Treatywas to
> "Restore to the Rio Grande its character of international boundaryin the
> reaches where that character has been lost..."http://docs.yahoo.com/info/terms/
>
> Lowell G. McManus
> Leesville, Louisiana, USA
>
>
> ----- Original Message -----
> From: "L. A. Nadybal" <lnadybal@c...>
> To: <BoundaryPoint@yahoogroups.com>
> Sent: Tuesday, July 08, 2003 11:25 AM
> Subject: [BoundaryPoint] Re: MXUS Treaty 1970
>
>
> > Lowell,
> >
> > this was a good effort at driving the logic to the "bottom of the
> > funnel" to get at the logical end of interpretation. But (ampersand):
> > take three of your paragraphs alone, which I've numbered below:
> >
> > Number 1 says, in effect, "we (US-MEX) posted a border marker on the
> > bridge at the middle of the river". In case the river changes, and
> > one of us doesn't undo the change, then the river remains the border
> > for all purposes EXCEPT those relating to the bridge itself".
> >
> > I agree that we have a "differentiation" - a "tongue" or tunnel of
> > Mexican airspace here that juts out north of the center of the river,
> > which is filled with a bridge around which we can draw an
> > international border (which, where drawn at the end of the tunnel can
> > be moved as the sign is moved along the bridge span.) This tongue
> > comes down to earth north of the river at whatever spot(s)on earth are
> > occupied by the foundations over which bridge supports are built.
> >
> > With respect to your paragraph that I numbered as "2.", I interpret
> > "rights other than those relating to the bridge itself" in your
> > paragraph 1, not to mean "for the purposes of the bridge", which you
> > defined as "carrying traffic". For one thing, these rights with
> > respect to the "bridge itself" come into play only "in case later
> > changes occur" (i.e. river movement, for one). Once the river
> > changes, THEN other rights relating to the bridge itself come into
> > play. Prior to any change, the Mexican side would have rights to park
> > under the bridge on its own territory, because prior to any change,
> > the side of the bridge marked by the marker is right above the middle
> > of the river - everything south is Mexican. If the river moved south,
> > the north side under the bridge becomes American, but limited to the
> > extent of "rights with respect to the bridge", which I interpret to
> > mean that the rights the mexicans previously had to park under the
> > bridge for purposes of the bridge (i.e, to drive a truck under it to
> > put up a scaffold so that Mexican workers could scrape rust off the
> > underside, etc, etc.) is a right Mexico had "relating to the bridge"
> > before the river moved, and a right they don't lose under the treaty
> > just because the river moved, the border on the ground went with it
> > placing the ground in the US.
> >
> > This is exactly the same case as we have in the Vennbahn, that we had
> > in Steinstuecken before German unification, that existed in one spot
> > where the border between German Eupen and Malmedy was at a bridge, and
> > which we may have with respect to the bridge over the
> > German-Luxembourg condominium. It parallels the tunnel of airspace of
> > occupied West Berlin under allied sovereignty that jutted out above
> > and across East German airspace that had upper and lower limits of
> > altitude by treaty, within which East Germany had no sovereign right,
> > except that it wasn't filled with a bridge.
> >
> > "Vertically differentiated international borders"... I like the sound
> > of that! :-) Even the acronym is useful = "V-dibs".
> >
> > Len
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> > Lowell wrote and quoted:
> >
> > 1. "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," [which is to say, the middle of the main
> > channel]."
> >
> > 2. "The purpose of bridges is to carry traffic of various sorts
> > across the river. For those purposes (only), the monument on the
> > bridge is observed. For everything else, the boundary goes wherever
> > the river accretes..."
> >
> > 3. "I fear that honesty forces me to admit that what we have here is
> > either a true vertical differentiation or something functionally
> > similar. Whichever one calls it is only a matter of semantics. I
> > have now come to believe that Mr. Rubio of the IBWC was entirely
> > correct when he enunciated the agency's interpretation to me by
> > telephone that the accreted land beneath the monumented Mexican
> > segment of the bridge is sovereign American territory. (The same
> > could be said for the airspace above it.)"
> >
> >
> >
> >
> >
> >
> >
> > Your use of Yahoo! Groups is subject to
> >
> >
> >