Subject: questions aroused by brownlie<br/>
Date: Sep 25, 2003 @ 18:49<br/>
Author: Michael Donner (&quot;Michael Donner&quot; &lt;barbaria_longa@...&gt;)<br/>
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<div id="ygrps-yiv-1609152035">the following notes are cobbled from the intro to african boundaries p17 etc<br/>
<br/>
a great many boundary descriptions affecting alignments in africa refer to <br/>
rivers & streams<br/>
<br/>
if reference is made to a river without further definition<br/>
the question then arises whether the division is according to the median <br/>
line or on some other basis<br/>
<br/>
the doctrine of international law supports the view that<br/>
in the case of non navigable rivers<br/>
the median line is applicable<br/>
whilst in the case of a navigable river<br/>
the principle of the thalweg is to be applied<br/>
<br/>
these principles are presumptions<br/>
he says<br/>
<br/>
in any case<br/>
he continues<br/>
the concept of the thalweg may be employed in treaty descriptions<br/>
etc etc<br/>
as may that of the median line<br/>
he says elsewhere<br/>
<br/>
& he continues<br/>
a related question is whether changes in the breadth or course of the river <br/>
involve changes in the boundary<br/>
<br/>
the presumption in the case of reference to the line of a river<br/>
or its thalweg<br/>
is that the boundary follows the feature<br/>
<br/>
etc etc<br/>
<br/>
<br/>
provoking these questions for anyone who can say or would guess<br/>
1<br/>
in what form & where exactly is this presumptive principle of international <br/>
law<br/>
that goes<br/>
thalweg if navigable but median line if not<br/>
actually expressed or invoked<br/>
or applied in a legal decision<br/>
<br/>
2<br/>
how exactly is the legal distinction actually made<br/>
if ever<br/>
between navigability & non navigability<br/>
<br/>
like for example<br/>
what kinds of vessels are referred to & what kinds if any excluded<br/>
&<br/>
what about rivers that are navigable for only a part of the year<br/>
&<br/>
what about rivers that are only navigable above a certain point by a given <br/>
class of vessels because they are canalized<br/>
&<br/>
what about rivers navigable only with the help of various other forms of <br/>
portage<br/>
etc etc<br/>
<br/>
& i ask this last & most aggressive part of the question because i know <br/>
there are few streams important enough to have been selected for boundary <br/>
alignments that are not also ample enough to be navigable in some real sense<br/>
depending finally & only upon the resourcefulness & determination of any <br/>
given traveler<br/>
<br/>
3<br/>
finally<br/>
seeing as the boundary follows the feature<br/>
thalweg boundaries are usually sufficiently ascertainable<br/>
he also says<br/>
& radical changes in them are unusual<br/>
<br/>
but what happens to median line boundaries generally<br/>
& especially during the most extreme seasonal fluctuations between the midst <br/>
of a flood plain & the midst of a trickle<br/>
alignments that are possibly miles apart from month to month<br/>
i mean<br/>
do they drive people crazy<br/>
or does nobody even notice<br/>
<br/>
but this topic of the extreme fickleness of median lines as a whole<br/>
even apart from the most bizarre extremities<br/>
seems another obviously huge loose end<br/>
that i have never noticed anyone even noticing before<br/>
<br/>
<br/>
so perhaps someone can suggest how to fill in some of these legal blanks<br/>
which we know have implications for try pointing not only at bwnazmzw but <br/>
even far beyond africa<br/>
<br/>
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