Subject: Disagreement as to what an exclave is.
Date: Feb 25, 2002 @ 21:22
Author: lnadybal ("lnadybal" <lnadybal@...>)
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Andrew wrote:


> So what we have is a disgreement on what an enclave is and what
> sovereignty means. An enclave to me is an area like Baarle - one
> country surrounding completly a piece of an country. The country of
> the surronded bit has control of the land and can do what every it
> wants to do on that land. Therefore it has complete sovereignty on
> that land.

I guess the acid test of whether the transmitter sight is a true
exclave is to determine whether the Vatican could cede a portion of
the site to Iran or some other "real" country, as it apparently did
with the Teutonic Cemetary. Then we'd see if Italy had any sovereign
rights (beyond elbowing it's way to those rights by picking on little
Vatican as Mussolini did) there. If Italy has titular sovereignty
over the transmitter site, then it could legally object to the Vatican
abandoning a portion of the site to a third country.

I know the US couldn't cede part of the former Canal Zone to Mexico,
for example, becuse the treaty with Panama stated the US could only
act in the Zone "as though it were sovereign". I don't think we can
equate the transmitter site to being a "zone" that was only loaned
in perpetuity or handed over to the Vatican for its use while allowing
it to exercize sovereign rights without it being the sovereign. I
don't think it's just a piece of property that the Pope bought or
rents or leases.

Is sovereignty divisible, or can only the exercize of it be divided
up?

Regards

Len Nadybal