Lowell,
--- In
BoundaryPoint@yahoogroups.com, "Lowell G. McManus"
<mcmanus71496@m...> wrote:
> I like the suggestion on the web page that the provision was written
into the 1948 boundary convention to guarantee the long-established
access to this Liechtenstein spring by the neighboring Swiss cows.
Since the spring is located just meters from the boundary, and we are
talking about access from Switzerland, it would hardly constitute an
enclave, but something more like an easement.
Spot on! This is most probably what international law calls a
servitude, which occurs when state has a certain right over the
territory of a neighbouring state. To properly be called a servitude
such a right must be connected with the territory (of the state which
enjoys the right) itself not just the state, so a change in
sovereignty on either side will not affect the existence of the
servitude (unless, arguably, they join the same state). An ICJ case
where this concept was recognized (though not explicitly called
"servitude", if I remember correctly) is Rights of Passage (Portugal
v. India), ICJ Reports (1960), 6, concerning access to the (now
extinct) Portuguese enclaves of Dadra and Nagar Haveli.
Cheerio,
Anton
>
> Lowell G. McManus
> Leesville, Louisiana, USA
> ----- Original Message -----
> From: chris schulz
> To: BoundaryPoint@yahoogroups.com
> Sent: Friday, March 04, 2005 11:22 AM
> Subject: Re: [BoundaryPoint] Re: Swiss enclaves in Liechtenstein
and Suvarov?
>
>
> hi,
>
> you can find a little more about suworow at
www.home.pages.at/maxifant/Frames/suworow.htm
> and i suppose, the other little thing is a well, close to the
li-ch border on li territory, where switzerland has territorial rights.
> you will find information at
www.home.pages.at/maxifant/Frames/st-kathrin.htm
>
> im sorry to tell, that its all (like all the stuff on my page
www.enklave.de.vu) in german.
> there is some more information about the well, that has been found
by wolfgang schaub. maybe he wants to tell about it. (short summary:
no one really knew about the place and wolfgang found the real place
by checking an old map).
>
> regards, chris
> ----- Original Message -----
> From: aletheiak
> To: BoundaryPoint@yahoogroups.com
> Sent: Friday, March 04, 2005 2:58 AM
> Subject: [BoundaryPoint] Re: Swiss enclaves in Liechtenstein and
Suvarov?
>
>
>
> welcome oystein
> nice finds
> & the smaller ones are news to us here anyway
>
> but for that reason & also just because they are so small
> it seems likely that they are not the same sort of territorial
> enclaves as busingen & campione are
> but more likely enjoy a special extraterritorial status such as
> embassies have
> or else some other special but less than sovereign status
>
> for we too have encountered a small handful of such special
> cases in various places around the world
> each having some specific unique purpose or circumstance
> often ceremonial or symbolic but sometimes legal too
>
> in the case of this russian parcel
> i see there is a monument to general suvarov in gotthard pass
> so perhaps just it & the surrounding plot of ground are accorded
> some special honorary status for some historical reason
>
> also
> we have found that
> as fine a resource as wikipedia usually is
> we still cant take everything in it at face value
>
> but you certainly have stirred up some curiosity about these finds
> at least until they are fully identified & settled
>
> & i am glad you found us too
>
> --- In BoundaryPoint@yahoogroups.com, "Øystein Hagerup"
> <oysteinha@v...> wrote:
> > Hi everybody.
> >
> > I came across some curiousities the other day while reading
> the Wikipedia
> > entry for Switzerland: ([ http://en.wikipedia.org/wiki/Switzerland
> > ]http://en.wikipedia.org/wiki/Switzerland)
> >
> > There I read:
> > "Furthermore, three exclaves exist within Switzerland. The town
> of
> > Büsingen is territory of Germany, the town of Campione d'Italia
> is
> > territory of Italy and the about 24 m2 ground of the memorial to
> General
> > Suvorov's crossing of the Alps (1799) along the Gotthard road
> are Russian
> > territory. Switzerland itself holds a few m2 enclave in
> Liechtenstein."
> >
> > These were unknown to me, and spurred a search for more
> information. (In
> > which I discoverend many intriguing things about enclaves,
> borders - and
> > this place.
> >
> > But I have still not come across any information on this
> Liechtenstein
> > situation, and not much to clear up this Suvorov situation
> either. So I
> > try here...
> >
> > Mvh
> > Øystein Hagerup
>
>
>
>
>
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