Subject: Re: one last itch to scratch re atchde
Date: Dec 09, 2001 @ 14:09
Author: ps1966nl ("ps1966nl" <smaardijk@...>)
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acroorca2002 wrote:
(...) since the condo option is effectively blocked by the stated
preference of at least one of the other parties for the default
principle of equidistance then there exists in fact a much stronger
presumption of that default occurring here than might otherwise be
expected

Of course, but just as it is true that Austria sees its desire to
make the lake a condominium blocked by an unwilling Switzerland and a
less that clear (in this matter) Germany, it is Switzerland that is
being blocked from partitioning the lake by the unwillingness of
Austria to fix an atch border in the lake. And the tripoint is bound
to be on that line. It may well be that Austria is fighting an up
hill battle, but Switzerland isn't there yet either, and even
boundaries that are formed by applying the simplest equidistant
principle have to be agreed upon by the parties concerned, if only by
not objecting to it. I think that Austria does object.

>
> as gideon apparently also saw & indicated by his fairly exactly
equidistant placement of the putative tripoint
>
> & as many mapmakers have apparently also sensibly concluded in the
absence of anything more definitive

Yes, but many mapmakers very often suffer from a Pavlov-like reflex
in drawing boundaries wherever it serves them to make a map more
clear (or what they think is clear). By drawing boundaries in the
water, they connect Bornholm to Denmark. They could even connect the
Faeroer Islands to Denmark, if they wanted to.


>
> since we are pretty sure there is no treaty i would rather say it
looks like a clear case of a perfectly stalemated tripoint at present
& in the absence of any further express preference from any party it
looks unlikely ever to stray very far from where gideon has recorded
or envisioned it in the following passage

As for a "de facto" tripoint, I agree.

But legally, I still think it takes, in this case, three to tango.

Peter S.