--- In
BoundaryPoint@yahoogroups.com, "L. A. Nadybal" <lnadybal@c...>
wrote:
>
> --- In BoundaryPoint@yahoogroups.com, "Anton Zeilinger"
> <anton_zeilinger@h...> wrote:
> >
> > Hello,
> >
> > as far as I know there never was any boundary change in Lake
> > Constance, the position of any line or even the qualification of the
> > whole lake as a condominium has been always disputed.
>
> However, during the "Anschlu�" period, the Germans and the Swiss must
> have come to an arrangement that regulated at what point people
> fleeing to Switzerland across the lake were deemed to have
> successfully made it to the Swiss part of the lake.
>
> That arrangement may have disintigrated after the war, but if it
> didn't, then there must be some continuing recognition of the "Confine
> del Stato" at the place.
>
> LN
That's a good point! Nevertheless I would believe that any such
arrangements were purely practical in nature. The Swiss were not
exactly welcoming to people fleeing Nazi Germany, unfortunately; there
were, e.g., several prosecutions of border guards who had helped
refugees across the border. So the Swiss may have let German military
go further than normally warrantable...
I don't think it was a formal agreement and even then it would
probably not bind Austria after it became independent again, as it was
restored with the boundaries of 1937. Plus, legal arrangements entered
into by the occupying power are not normally binding, see e.g. the
East Timor case before te ICJ.
In the National Library here in Vienna there are one or two works on
the legal status of Lake Constance; I'll try to head down and read up
sometime in the next weeks.
Anton