Dear colleagues.
State practices is extremely diverse: some agreements consider that the boundary line will be "fixed" to the original thalweg, as it was when the agreement was signed, others that the boundary line will follow the new configuration of the thalweg, and others simply do not include any disposition referring to changes of thalweg.
In the South hemisphere, large rivers tend to look for the meridional channel, due to what physicians hace called "Loi de Ferrel".
I refer to a very usefull course of The Hague Academy of International Law Collected Courses, done by my former and "regretté" thesis Director, Professor Daniel Bardonnet:
recueil des Cours de l´Académie de Droit International TOME 153 (1976)
Bardonnet, D. : Les frontières terrestres et la relativité de leur tracé (Problèmes juridiques choisis), 9-166.
Mainly pp. 90 on "Les changements du cours des fleuves frontières", and an explicative note 417 on the Loi de Ferrel referred (p. 152) and references to bibliography concerning Rio de la Plata between Argentina and Uruguay.
And a very modest contribution I made in 2005 at The Hague
BOEGLIN-NAUMOVIC N., “De l´usage des cours d´eau comme frontières”, in Boissons de Chazournes L / S. M.A. Salman (Editors), Les ressources en eau et le droit international / Water Resources and International Law / , Hague Academy of International Law, The Hague, Martinus Nijhoff Publishers, 2005, pp. 130-165
Sincerely yours
Nicolas Boeglin
International Law Professor
Universidad de Costa Rica
2010/9/22 Jeffress, Gary
<[log in to unmask]>
Dear Gbenga,
Using the definition of a thalweg as “the middle of the chief navigable channel of a waterway that forms the boundary line between states”, one must assume that the original intention of the thalweg boundary is to allow both adjoining states to receive the benefit and use of the navigable channel. If the channel changes its location through natural means or through dredging (here one also assumes both states agree to the dredging) then the boundary moves with the location of the thalweg. This allows the original intention of shared use to be maintained.
Regards,
Gary
On 9/22/10 3:29 AM, "Gbenga Oduntan" <[log in to unmask]" target="_blank">[log in to unmask]> wrote:
Dear Colleagues,
A Court judgment refers to the thalweg of a river as the boundary between two countries based on a Century old treaty. In the determination of that boundary does a demarcation team look for the thalweg as it was a century ago or is it the thalweg of the river today that applies? My instinct says thalweg boundaries are dynamic but are there contrary views or am I plain wrong?
Best regards
Gbenga
Dr. Gbenga Oduntan
Lecturer in International Commercial Law,
Kent Law School,
Eliot College,
University of Kent,
Canterbury,
Kent CT2 7NS, UK.
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Dr. Gary Jeffress, RPLS
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Texas A&M University-Corpus Christi
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