Subject: RE: [BoundaryPoint] Re: Where is this German exclave in Belgium?
Date: Aug 24, 2005 @ 18:29
Author: Hugh Wallis ("Hugh Wallis" <hugh@...>)
Prev    Post in Topic    Next [All Posts]
Prev    Post in Time    Next


I wish I had been there :) Do you remember exactly where on the railway line that bridge lies?
 
The reason this picture interests me so much is that it has raised a question in my mind about the exclave status of the parcel of land connected to "the mainland" by the road under the bridge. Without access to the legal documents and only being able to go on what I find on websites it is hard to be certain but here is the thinking:
 
From the quote I found at http://www.rinbad.demon.co.uk/be_venn.htm "It took a further year of negotiations to resolve differences and reach the definitive agreement of 6 November 1922 which provided for the incorporation into Belgium of "the trackbed, with its buildings, of the railway from Raeren to Kalterherberg, which in crossing the districts of Aachen and of Monschau forms five enclaves which remain part of Germany" (at Roetgen, Lammersdorf, Konzen, Mützenich and Ruitzhof). " it would appear that there could be an argument made that the road which passes UNDER the bridge (not being part of "the trackbed, with its buildings, of the railway from Raeren to Kalterherberg" - the key word being "trackbed") is not Belgian territory, although the legal documents might address the point explicitly. Against this theory is the continuation of the quote thus "which in crossing the districts of Aachen and of Monschau forms five enclaves which remain part of Germany" although it is not clear whether this last clause is in the official documents in reality. The other comment I found against this theory is at http://geosite.jankrogh.com/vennbahn.htm "At boundary marker no. 750 it may look on this Belgian map like the Mützenich enclave is connected to Germany proper over the railroad. But  the Germans, who show the road as Belgian would surely be the most likely of the two parties to show it correctly if it was German. Therefore we conclude that Mützenich is a German exclave" - but a) this refers to "over the railroad" rather than "under" and b) I'm not sure I would believe evidence from a commercial map without supporting legal documentation (and this is rather similar to Jesper's rule number 1 as well isn't it?). BTW, in the map that Eef Berns just sent to the list it looks as though the road by marker 750 (actually 751 isn't it?) passes under the bridge - so confusion reigns further :)
 
In favour of the theory is the evidence from the photograph that there are no apparent markings on or beside the road indicating a change in jurisdiction or, from a purely practical perspective, a change in the style of maintenance/road surface etc. as the road passes under the bridge, although I suppose the German municipality might well have an agreement with Belgium to maintain the road surface which would seem practical :).
 
The other thought that occurred to me is the intuitive feeling that national territory must of necessity project from the centre of the planet outwards through the surface uninterrupted. However precedents such as the Yugoslav suite in Claridges during WW II would imply that principle does not necessarily hold, similarly I suppose with embassies occupying certain floors of a tower block although I suspect that is a different situation, notably extraterritoriality, in international law.
 
So, IF the road under the bridge IS German territory, then the land the other side is not a German exclave I think.
 
Does anyone have hard evidence one way or the other?
 
Thanks
 
Hugh


From: BoundaryPoint@yahoogroups.com [mailto:BoundaryPoint@yahoogroups.com] On Behalf Of Doug Murray
Sent: Wednesday, August 24, 2005 10:37 AM
To: BoundaryPoint@yahoogroups.com
Subject: Re: [BoundaryPoint] Re: Where is this German exclave in Belgium?

I do believe that is Doug and Jesper on the bridge in Belgium. And the little red van of the GCEBE expedition (ah... memories... ) below in Germany.

Almost 4 years ago!!

Doug

On Aug 24, 2005, at 4:59 AM, Hugh Wallis wrote:

Thanks Jan
 
Does anyone happen to know which road is passing under the railway in the picture at http://exclave.info/current/vennbahn/vennbahn-pene.jpg  - (linked to from http://exclave.info/current/vennbahn/vennbahnRR.html  ) - I can't figure it out from the topo maps on these various sites as it is not always clear even from these nice scanned maps when a road passes over, under, or at grade.
 
Thanks
 
Hugh

From: BoundaryPoint@yahoogroups.com [mailto:BoundaryPoint@yahoogroups.com] On Behalf Of Jan S. Krogh
Sent: Wednesday, August 24, 2005 7:32 AM
To: BoundaryPoint@yahoogroups.com
Subject: [BoundaryPoint] Re: Where is this German exclave in Belgium?

PLEASE NOTICE - GEOSITE IS NOW ON http://geosite.jankrogh.com
and the Vennbahn article is now on
http://geosite.jankrogh.com/vennbahn.htm

The home.no site is not going to be updated anymore.

Jan

--- In BoundaryPoint@yahoogroups.com, Doug Murray <doug@d...> wrote:
> Our good friend Jan Krogh has lots of info on his site:
>
> http://home.no.net/enklaver/vennbahn.htm
>
> Welcome!
>
> Doug
>
>
> On Aug 23, 2005, at 12:26 PM, Hugh Wallis wrote:
>
> > At http://www.borderlandtv.com/german_enclave_example.jpg Doug
Murray
> > shows a very nice map - I have been trying to figure out where
this is
> > by looking at Microsoft Autoroute (the only map I have of the
region)
> > but can't match this up with the B258 as shown there anywhare. I
> > imagine the is one of the Roetgen-Monschau Belgian railway
created
> > enclaves but I would like to know exactly where?
> >  
> > Thanks for any help you can provide
> >  
> > Hugh
> >
> > YAHOO! GROUPS LINKS
> >
> >       ▪        Visit your group "BoundaryPoint" on the web.
> >  
> >       ▪        To unsubscribe from this group, send an email to:
> >  BoundaryPoint-unsubscribe@yahoogroups.com
> >  
> >       ▪        Your use of Yahoo! Groups is subject to the Yahoo!
Terms of
> > Service.
> >
> >




YAHOO! GROUPS LINKS

?  Visit your group " BoundaryPoint " on the web.
 
?  To unsubscribe from this group, send an email to:
  BoundaryPoint-unsubscribe@yahoogroups.com
 
?  Your use of Yahoo! Groups is subject to the Yahoo! Terms of Service .