Subject: Island enclaves in Rivers
Date: Feb 25, 2003 @ 18:49
Author: L. A. Nadybal <lnadybal@comcast.net> ("L. A. Nadybal <lnadybal@...>" <lnadybal@...>)
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The recent postings re: Argentina-Uruguay maritime/island enclaves
prompts me to "go publ;ic" about other areas like this I know exist,
but haven't had time to pursue. If 'yall want to look for more
exclaves like this, look here:

a. Argentina-Brazil. Treaty of 6 Oct 1898, Article 4. "Islands
of the Uruguay and Iguassu shall belong to the country indicated by
the thalweg of each river". Boundary commissioners were empowered to
"propose such exchanges as they may consider advisable in the
interests of both countries." At the end of the demarcation process a
declaration dated 4 Oct 1910 assigned 53 islands or groups of small
islands in the Uruguay river, 29 to Argentina and 24 to Brazil. On
the Iguazu, below the confluence of the San Antonio river, Argentina
got 3 islands and Brazil got two. There may or may not be enclaves here.

b. France - Netherlands, Treaty of Sep 30, 1910 (re: Fr. & Dutch
Guiana) Itani river boundary islands

c. GB & Portugal Agmt Nov 30, 1911 re: Ruo & Shire River
boundary islands (not certain where these are).

d. GB & Brazil, 1932, no treaty, just diplomatic notes.

e. USSR - Poland treaty of Feb 15, 1961 (UN Treaty Series Vol
420, P161).

Items b,c and d all contain weird provisions that allow for boundaries
to follow river courses, and then provide for changes and/or keeping
of sovereignty over island in the rivers that end up on the "other"
side when the main channel changes. There may be exclaves that were
created since the treaties were put into place.

Item e. was pointed out to me as possible item of interest, but I've
not yet been able to look at it at all.

There is a treaty between Belgium and the Netherlands that provides,
when a river changes course and an island of one state ends up on the
other states' portion, that the losing state has four years to
redirect the water at its expense back to the original path in order
to not lose sovereignty over such islands. That would mean that
exclaves could exist for up to four years at a time. I'm still trying
to locate what treaty was being referred to.

Regards

Len Nadybal