Encyclopedia of Public International Law 10 : States. by Rudolf Bernhardt

By Rudolf Bernhardt

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In Louisiana v. S. 1 (1906», it held that this description was indeed "the rule of the thalweg" and applicable in the dispute before it. In Minnesota v. S. 273 (1920», the same Court defined thalweg to be "the middle of the principal channel of navigation" and distinguished it from the line of deepest water. In New Jersey v. S. 361 (1934», thalweg was defined as "the track taken by boats in their course down the stream. which is that of the strongest current". Where the thalweg is defined in terms of a navigational channel, it will often vary in location during tidal or seasonal cycles.

Thus, problems have a transboundary character in the sense that they constitute a single problem, parts of which are subject to different jurisdictions. In these cases, the problems can only be solved by transboundary cooperation. The requirement for transboundary cooperation varies according to political circumstances. The more intercourse there is across boundaries, the more the boundary lOses its function of dividing spheres of State activity. It would, however, be wrong to speak in this context of a defunctionalization of boundaries.

2. fh international commerce are subject to numerous controls, often involving bilateral and multilateral treaties (-- Customs Law, International). Inspection of goods and accompanying documents' may occur at borders wherever goods are transported by automobile, lorry, rail or ship. Goods and documents may also be inspected at inland points, such as -- airports, inland harbours, or even at their point of origin, if customs officials of one country are permitted to act in another country (-- Administrative, Judicial and Legislative Activities on Foreign Terri- tory).

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