Subject: Re: questions aroused by brownlie
Date: Sep 26, 2003 @ 00:25
Author: m06079 ("m06079" <barbaria_longa@...>)
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another interesting aspect of this is the general rule
& really a consequence of natural laws
that the smaller the stream the closer the median line is to the
thalweg
& the more negligible the distinction
hahahaha

so once again
differences so important for punctilious multipointing are probably
never noticed or even considered by normal people

but it just adds fuel to my growing suspicion that this whole legal
presumption about navigability & non navigability is merely that
a presumption
& an untested chunk of received wisdom without any real use or meaning

but i would still be happy to find a real decision or agreement in
which the distinction is actually applied
or even just defined

or observed

or hinted at

--- In BoundaryPoint@yahoogroups.com, "m06079" <barbaria_longa@h...>
wrote:
> & why only historic
>
> wouldnt actual navigation in the present be given more weight than
> historic navigability if a question ever came up
>
>
> --- In BoundaryPoint@yahoogroups.com, "m06079" <barbaria_longa@h...>
> wrote:
> > --- In BoundaryPoint@yahoogroups.com, "Lowell G. McManus" <
> > mcmanus71496@m...> wrote:
> > > In POLITICAL GEOGRAPHY (Second Edition) by Norman J. G. Pounds (New York:
> > > McGraw-Hill Book Company, 1972), which was one of my graduate school textbooks,
> > > says on page 88:
> > >
> > > > It was decided in 1920 that in navigable rivers the
> > > > boundary should follow the "principal channel"
> > > > (thalweg) and in other cases the median line."
> > >
> > > Unfortunately, Dr. Pounds does not say by whom it was so decided.
> >
> > hahahahahah
> > hahaha
> >
> > & i completely understand & agree with & thank you for this & all these
> > comments
> >
> >
> > any idea why only civilized
> > & why only commerce
> >
> > how about navigation for noncommericial economic activity
> >
> > or how about rural or savage trade or service
> >
> > & what do you suppose is the minimum standard of commercial activity
> >
> > would a single individual trader or fisherman in a canoe qualify
> >
> > how about a pleasure cruise
> >
> > >
> > > I can't cite a source, but it is my distinct impression that a stream is
> > > officially considered navigable if there is any historic evidence of civilized
> > > river-borne commerce upon it. Since the rivers were often the only realistic
> > > routes into the interior of Africa, I would expect the vast majority of riverine
> > > boundaries there to be considered navigable.
> > >
> > > Of course, the whole thing is moot if the states agree to a boundary of a
> > > particular description in the stream.
> > >
> > > Lowell G. McManus
> > > Leesville, Louisiana, USA