botswana/namibia - Cour international de Justice

the Sketch Map of Dr. Benjamin Bradshaw, 1880, drawn to a scale of 1: 125,000 approx., See Chapter VII,
paragraph 232 and Map 1 in the Botswana Memorial;
the von Frankenberg map, the Karte des Caprivi Zipfels, of 1912 (1:100,000); Map 7 in the Botswana Memorial.
The Surveyor General's Sketch Map of 1961:125,000; Map 18 in the Botswana Memorial.
The JARIC map prepared by the South African Defence Force in 1978 (1:100,000)
Map 22 in the Botswana Memorial;
the map prepared by the Joint Survey 1985 (approx.1 :15,000); Annex 48 of the Botswana Memorial at p.392
and the series of Botswana maps at a scale of 1:50,000 prepared by the Department of Surveys and Lands,
Republic of Botswana from 1974, Botswana Supplementary Atlas and Map 23 in the Botswana Memorial.
All but the first of these maps depict the northern channel as the main channel and hence the boundary.]
Proposition (iii): Distortion may result from Enlargement
558. The Court is respectfully alerted to the distortion and visual fallacy which may result
when a photographic enlargement is made of a small scale map. Examples of such
enlargement with fallacious consequences are to be found in the Namibian Memorial, with
respect to the Seiner map of 1909, the South African Map of 1982 and the Official UN Map
of Namibia of 1985. A full account of the distortion and misrepresentations resulting from
enlargement of these maps is set out later when they are discussed in the chronological
account of relevant maps.
559. To indicate the gross inaccuracy of perception which such enlargement endeavours to
achieve, it is sufficient to set out here one aspect of the 'blow-up' treatment of the Official UN
Map of 1985.
560. At Figure 18 at page 133 of the Namibian Memorial, the Official 1985 UN map of
Namibia to the scale of 1:1000,000 is 'enhanced' by an extract to a scale of 1:250,000. This
extract of the course of the Chobe River achieves an exaggeration of contrast in that the whole
territory of Namibia is coloured with a pale brown wash including the whole of the Caprivi
Strip and islands in the vicinity of Kasika, with surrounding countries shown white with the
minimum of detail depicted along the boundary. The implication is that the islands coloured
pale brown are within the territory of Namibia. On the complete map at proper scale a black
dash-dot line shows the international boundary in the north-western part of Namibia up to its
junction with the Chobe River; from that point east to the Chobe's confluence with the
Zambezi no similar line or international boundary is shown on the map. Contrary to the
impression created by the Extract, the correct conclusion must be, when the map at its correct
scale is studied, that the map-makers at United Nations did not depict nor intend to depict any
boundary along the length of the Chobe. A brief reference to the reproduction of the UN Map
(as Map 16) of the Botswana Supplementary Atlas will demonstrate the points made above.7
[7 A further example of "enhancement" which actually unintentionally works to the disadvantage of Namibia is
to be seen in Figure 6, described in the Namibian Memorial as follows:" For the assistance of the Court in
identifying the places referred to, Namibia has prepared the fold-out map at Fig.6, following page 19."(Namibian
Memorial, para.53). Figure 6 has clear place names printed in black but the river between Kasika and Kasane
shows no island whatsoever.]
Proposition (iv): Boundaries drawn on maps are unreliable