botswana/namibia - Cour international de Justice

Botswana 1:50,000, 1984, Edition 3, (Botswana Atlas, Map 23)
1974 Botswana 1:1000,000, 1974, edition 1, Printed Kearland, Johannesburg. (Botswana
Supplementary Atlas, Map 12)
1976, partially revised, Botswana 1:1.000,000, edition 2 (Botswana Supplementary Atlas,
Map 13)
Botswana North Sheet, 1:1,000,000, 1986 (Botswana Supplementary Atlas, Map 18)
621. These high quality maps were produced after independence by the Surveys and Lands
Department, Botswana. South and North Sheets to a scale of 1:1000,000 were also prepared
by Surveys and Lands Department. In 1974 Botswana published the first maps of the area to
the scale of 1;50,000, and also 1:1,000,000 compiled and drawn by the Department of Lands
and Surveys. Both Rushworth and the Namibian Memorial accept the map of 1:50,000 to be
of high standard" with full ground and height control and instrumental photogrammetric
plotting of detail". Rushworth Report, p.49). The boundary is shown in the northern channel,
with the southern channel also visible. There is a boundary disclaimer clause.
622. Publication of these official maps on the part of the Republic of Botswana gave clear
notion of its construction of Article III of the Anglo-German Agreement of 1890. These maps
constituted a clear position as to the location of the boundary and rebut any charge of silence,
acquiescence or absence of protest in respect of South African maps.
623. This and subsequent maps published by Botswana showing the boundary in the northern
channel were prepared after the controversy had surfaced, as in the case of the South African
official maps. Nonetheless they provide evidence that there was no subsequent practice as to
maps supporting 'the agreement of the parties' as to the application of the 1890 Agreement in
accordance with the Vienna Convention, Article 31 (3) (b).
624. No protest on behalf of South Africa is on record to either of these two maps.
Tourist Map of Chobe National Park,1977, 1:250,000 (Botswana Supplementary Atlas,
Map 25)
625. A series of tourist maps were published by the Wildlife Department, Gaborone, and they
show the northern boundary of the park in the northern channel of the Chobe River in the
vicinity of Kasikili/Sedudu , aligning with the international boundary.
(ix) UN Official Maps of Namibia
The UN Official Map of 1985 (Botswana Supplementary Atlas, Map 16)
626. A UN map to the scale of 1:1000,000 is 'enhanced' by an extract to a scale of 1:250,000,
as Figure 18 at p.133 of the Namibian Memorial. This extract shows the course of the Chobe
River and, in the vicinity of Kasika, two blue streams to the north of the main line of the river
are shaded in the pale fawnish-yellow colour which covers the rest of the eastern section of
the Caprivi Strip. Examination of the map in its original scale reveals exaggeration of effect in
that the whole territory of Namibia is coloured with a pale brown wash, including the whole
of the Caprivi Strip, with surrounding countries shown white with the minimum of detail