Colleagues:
Does anyone know of a current, reliable compendium that provides precedents
whereby boundary commissions establish the terms and conditions to permit
leeway in surveying and demarcating a boundary on the ground in instances
where the delimitation agreement, particularly in an arbitration or judicial
decision, is vague or leaves out this matter entirely?
Clearly there must first be political will between the parties to want to
establish a workable modus vivendi and then the competent boundary
demarcation commission can negotiate the terms of the demarcation.
But even then, is there any current reference source of precedents they can
consult to establish:
- whether a line can be adjusted 10, 50, 100 or more meters in
either direction?
- whether a line can or should be shifted from a non-existent
thalweg to reference markers on the shores?
- how to address divided properties and populated places where no
cadastral records are available?
- how to adjudicate conflicting treaty map depictions of reality on
the ground?
Looking forward to your responses,
Kindest regards,
Ray Milefsky
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