International law; Natural law; War (International law)
In arcifinious lands, where the bounds are formed by nature, any
gradual change in the course of the river makes a change also in the
boundaries of territory, and whatever accession is given by the river
to one side, it will belong to the possessor of the land on that side.
Because the respective nations are supposed originally to have taken
possession of those lands, with an intention of making the MIDDLE of
that river, as a natural boundary, the line of separation between
them. Thus Tacitus in speaking of the Usipians and Tencterians, who
border on the Cattians, says, "their territory lies on the banks of the
Rhine, where that river, still flowing in one regular channel, forms a
sufficient boundary."
VIII. Decisions like those above can only take place in instances,
where the river has not altered its channel. For a river, dividing
territories, is not to be considered barely as so much water, but as
water flowing in a PARTICULAR CHANNEL, and inclosed WITHIN CERTAIN
BANKS. For which reason an addition, a decrease, or such a change of
small portions, as leaves the ancient appearance, upon the whole,
nearly the same, allows us to consider the river as still the same. But
if the whole face of the river is changed, the case will be entirely
altered. For as a river may be entirely destroyed by the erection of
dams upon the higher parts of its stream, or by digging canals, which
carry off its waters in another direction: so by the desertion of its
old channel, and breaking out for itself another course, it will not
continue to be same river it was before, but will be completely a new
one. In the same manner if a river has been dried up, the middle of its
channel will remain as the boundary between neighbouring states, who
in taking possession of the neighbouring territory originally intended
the middle of such a river to be the line of separation, and under all
changes to preserve the same as a permanent limit. But in doubtful
cases, the territories bordering upon a river ought to be considered
as arcifinious, because nothing can be a more apt mark of distinction
than those impassable bounds assigned by nature. It very seldom indeed
happens, that the artificial or civil admeasurements of territory can
be regulated by such natural bounds, as they are, in general, the
effect of original acquisition, or have been ceded by treaty.
IX. Although in doubtful cases, it has been said that the territories
on each side of a river are determined by the middle of the channel;
yet it may happen, and has happened, that the sole right to a river
may belong to the territories on one side of it. Because that on the
opposite side was of later occupancy, and subsequent to the possession
of that river by the other power: or because this sole right may have
been so settled by treaty.
Public-domain text, read in full here on John Shaqi.
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