Subject: Re: Tripoint Deutsches Reich - Schweiz - �sterreich 1927
Date: Jan 07, 2005 @ 19:26
Author: Anton Zeilinger ("Anton Zeilinger" <anton_zeilinger@...>)
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>the
> --- 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
> > > whole lake as a condominium has been always disputed.must
> >
> > However, during the "Anschlu�" period, the Germans and the Swiss
> > 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