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The recent detention of the Guyana-registered MV Lady Chandra I by Surinamese authorities while it was plying the Corentyne River has elicited statements from officials of the Government of Guyana and other comments in the media, some informed, others ill-informed,Cheap Jerseys China, the latter sometimes charged with ample doses of emotion.The Corentyne River is obviously a border river, as it serves as a physical divide between Guyana and Suriname. In general, the better view in relation to jurisdiction over navigable border rivers, and supported by customary international law, is that the river is divided by a median line drawn along the thalweg or mid-channel of the river. It should be noted that the thalweg is subject to the vicissitudes of nature — river flow, currents, erosion – and can actually shift over time.While, therefore, the use of the median line so drawn brings a degree of assuredness to the two states that are separated by the river (the riparian states), as to the physical extent to which they ought to be able to exercise sovereignty and jurisdiction, especially for the purposes of interdiction activities in the waterway, it is somewhat imprecise, over the passage of time,Cheap Soccer Jerseys For Sale, as an actual measure of the outermost reaches of such jurisdiction.Even in a normal, real-time situation, the practical aspects of the authorities of two neighbouring states facing off somewhere in the middle of a body of water to determine where the median line is “drawn”, in circumstances where one of the states has shown a lack of restraint in its resort to non-peaceful methods of exercising its authority, is not viable for the long term peace and security of the respective citizenry.It is also the case, notwithstanding the attractiveness of the equitable characteristics of the median line principle, that there have been exceptions to this principle in the past, insofar as it is applied to border rivers.Thus scholars of international law say that it is possible for the boundary line to be the border line of the river, so that the entire waterway belongs to one state alone. Such a situation would have evolved based on the practice and conduct of the two riparian states; very often,Cheap NFL Jerseys, this exception occurs in circumstances where a state has occupied the territory on one side of the river during a period prior to the occupation of the territory on the other side of the river by some other state – and this is precisely the situation regarding the land which forms the eastern and western banks of the Corentyne river.There is documentation to support the contention that, in 1939, there was in fact a draft treaty between the British and the Dutch which departed from the median line principle and instead adopted a different approach in the Corentyne border river — such as had been used exceptionally in other parts of the world – to cede sovereignty and control over the whole waterway to the Dutch.Such cession of sovereignty to one state would have been based on the clear understanding always that the citizenry on the western bank of the river would have undisputed and unfettered right of user thereof – to navigate,Cheap Man City Jersey, to fish, to carry on economic activity, to live and have access to their commercial properties and dwellings on the west bank.It is therefore ingenious now to refer to ‘equal rights of user’ in circumstances where Suriname’s sovereignty over the Corentyne River has been acknowledged for decades through acceptance by Guyana of licensing and other administrative arrangements, and without protest.If state A has sovereignty and jurisdiction over a border river, state B may have rights of user, but not “equal” rights of user, as state A would be using the river as the “owner” of the river, in contrast to state B.The analogy of a “bottom house” may be helpful: if a landlord lives in the front house and rents the back house in the same yard, it follows that the tenant cannot enjoy use (access, quiet enjoyment of the premises) of the back house unless the landlord, that is the owner, allows the tenant to “use” the bottom house to get to the latter’s place of abode.But the landlord remains at all times the owner of the property, including the bottom house, and so the tenant in the back house uses the bottom house under very different conditions as compared to the landlord; but use the bottom house the tenant must, and the landlord cannot unilaterally suspend such use by the tenant, or unreasonably restrict or impose conditions on same.Equally so, the tenant is obliged to use the bottom house as an access way in a responsible manner, for example, by keeping it clean and avoiding dis