Subject: RE: [BoundaryPoint] Re: Where is this German exclave in Belgium?
Date: Aug 31, 2005 @ 13:40
Author: Hugh Wallis ("Hugh Wallis" <hugh@...>)
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So please bear with me while I summarise some of the input I have received from this wonderfully interesting group of people, whom I am glad to have discovered :), and apply some more of my own thinking:
 
We are used to thinking of borders being described in two dimensions and then extrapolating the information into the third, vertical, dimension by projection to the centre of the earth in one direction and outwards to the boundaries of the troposphere (or whichever layer it is) but, as this discussion involving Vertical Differentiation of Sovereignty (VDoS) has showed, this simplistic approach does not always work. Nevertheless in the vast majority of cases it does.
 
In the cases where we need to think explicitly in three dimensions we obviously need to start from the wording of any applicable treaties in order to establish the de jure situation. By the sound of it that is clear in the case of the MXUS bridges where VDoS is relevant (although this still might not distinguish between tubes and shells, per LN's analysis). It sounds as though it was also well defined in the case of West Berlin (possibly the best such defined case - of necessity given the tensions involved between the parties), thereby removing the exclave status of most of West Berlin while the air corridor treaty was in effect (the exceptions being those parts not contiguous at ground level with the main part of Western Sector). However it also sounds as though the de jure situation in the case of the Vennbahn may be ill defined unless the type of questions LN asks are actually covered explicitly in the treaty (where can we get a copy of the treaty?) or in subsequent rulings by courts or tribunals with legal competency establishing case law. If there are no such subsequent case law rulings then it becomes purely a matter of academic interest and curiosity until an issue arises that demands a ruling. I suppose that discussion on this list does not constitute such an issue :(
 
Since LN has had no success in obtaining further insight from local sources (direct evidence supporting Jesper's first law) it seems likely that there have not been such issues demanding judicial resolution, and so we have to look at the de facto situation as a fall back position. This is not likely to answer every question since it is driven by practical needs not by academic theorising. So what kind of evidence can we hope to find to determine answers de facto?
 
I think that examining the actual passage of traffic and the acts of maintenance performed on roads, bridges etc. (who does them, who pays for them, etc.) would provide the best such evidence in the case of bridges. In the case of other subterranean questions I suppose one can only obtain evidence if there are mines, oil or gas deposits, etc. that lie under the territory in question. I fear that this approach might also provide contradictory evidence when looking at the passage of traffic, maintenance etc. at level crossings and stations in contrast to bridges - but that is mere speculation of course. In a small way, to this end, I plan to visit the area on September 14th and see what observations I can make on the ground. I won't have time to visit municipal offices to try and get answers to some of the questions ( I can only spare an hour or two at the most in the area) so this will be purely a field trip but hopefully it will, nevertheless, be instructive. If anyone cares to join me on that day I shall, of course, be delighted to meet you and make a joint study :) - please drop me a line if you are interested.
 
In preparation for this I have managed to obtain 1:25000 topographical maps of the area from which I observe the following (notwithstanding Jesper's third law):
 
Working from South to North (all coordinates using WGS84 datum):
 
1) Ruitzhof - there appears to be only one road crossing and this looks to be at grade (50°31.267'N, 6°12.392'E) and so the exclave status here seems assured
2) Mützenich - there are numerous bridge crossings - road passing under the railway at 50°32.361'N, 6°11.890'E, 50°33.343'N, 6°13.118'E (athough the map is unclear here) and at 50°33.762'N, 6°13.715'E, and over the railway at 50°32.787'N, 6°12.444'E (this is interesting since the road emanates from the Mützenich side and ends immediately on reaching the other side of the railway), 50°33.286'N, 6°12.665'E, 50°33.286'N, 6°13.424'E, 50°33.307'N, 6°13.500'E (these last two lead nowhere useful on the mainland side - they do not connect with the general road system), and 50°33.762'N, 6°13.719'E - so the exclave status here is in question
3) Aderich farm - this is quite separated from the "mainland" by both the railway AND a road - definitely an exclave
4) Roetgen/Lammersdorf - most crossings are at grade but the road appears to pass under the railway at 50°38.404'N, 6°11.211'E and 50°38.661'N, 6°11.025'E (outskirts of Roetgen) - exclave status in question
5) Roetgen (north) - all crossings appear to be at grade although the map is unclear in the area between this and the section to the south (Jesper's third law again!!) - exclave status likely to be confirmed
 
I also noticed (separate phenomenon from exclaves but same locality) while looking here that there appears to be another example of a national road that passes through another country without connecting to that country's road system (similar to where the B258 crosses into Belgium between Fringshaus and Entenpful). The German road L106 passes into Belgium just south of Aderich (at 50°35.396'N, 6°14.566'E) and re-enters Germany at 50°35.274'N, 6°14.314'E - covering a distance of about 530m inside Belgium - there are also a couple of minor roads that connect with this Belgian section, one of which leaves/enters Germany at 50°35.583'N, 6°14.721'E (where it joins the L 106) and another at 50°35.303'N, 6°14.175'E - none of these being connected to the rest of the Belgian road system.
 
Lots to look at on September 14th :)
 
Cheers
 
Hugh


From: BoundaryPoint@yahoogroups.com [mailto:BoundaryPoint@yahoogroups.com] On Behalf Of L. A. Nadybal
Sent: Tuesday, August 30, 2005 10:50 PM
To: BoundaryPoint@yahoogroups.com
Subject: SV: [BoundaryPoint] Re: Where is this German exclave in Belgium?

Nobody I've ever contacted in towns in the area knows.  The treaty
says the track bed - how deep does that go?  To a depth immediately
below the rocks laying on the dirt over which the rails are laid?  Or
to a depth to bottoms of the drainage pipes belonging to the railroad?
Or, to the bottom of the arch over which the tracks pass.  Or, to the
upper surface of the road bed under the bridge?  Or to a point in
between - like truck height - so that a truck on the road doesn't
violate Belgian airspace?  (After all, a truck loaded with cigarettes
on the back that crosses the border without declaring the cargo for
tax and customs duty, would be a smuggler, no?)  If the road directly
underneath the bridge is German, the border had to make a deviation
from descending vertically at some point.  If the bottom of the road
bed under the tunnel is the depth at which the ground becomes Belgian
again as we descend, then the German road forms a tunnel of
sovereignty connecting the two pieces of Germany on the W & E sides of
the railroad tracks.  Of course, if below the road, to the middle of
the earth (or beyond) the soil remains German, then, there is no
"tube" or tunnel of German sovereignty, only a "shell" or cover of
Belgian sovereignty on top of all that German land.

What a picture.

We had tubes of sovereignty in the form of the allied air access
routes over E Germany to W. Berlin... by treaty, they had a width, a
minimum altitude and a maximum altitude, beyond which the the allies
had no rights. The western powers had no rights of access to planes
that crashed on the ground, because to get to the ground, they had to
leave the corridor.  

Regards
LN






--- In BoundaryPoint@yahoogroups.com, "Jesper Nielsen" <jesniel@i...>
wrote:
> So when does the border change direction? The air below the bridge
or at the
> bridge?
>

>
> Jesper
>

>
>   _____ 
>
> Fra: BoundaryPoint@yahoogroups.com
[mailto:BoundaryPoint@yahoogroups.com] På
> vegne af L. A. Nadybal
> Sendt: 30. august 2005 03:49
> Til: BoundaryPoint@yahoogroups.com
> Emne: [BoundaryPoint] Re: Where is this German exclave in Belgium?
>

>
> This goes back to the discussions we had earlier this year about
> sovereignty always or not always being vertical, extending to the
> heavens and to the center of the earth.  See the photo library and
> past messages - there is a diagram there getting to the heart of what
> is included in the "track bed".  This concept of interrupted
> verticality of borders existed at Steinstuecken (where there was a W
> German bridge over E German RR tracks inside the W Berlin exclave),
> still exists on the bridges over the US-Mexico border, and on the
> bridge crossing the D-Luxembourg condominium.
> LN
>
>
> --- In BoundaryPoint@yahoogroups.com, "Hugh Wallis" <hugh@o...> wrote:
> > 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:
> .
>
>
>
>
>
>   _____ 
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