botswana/namibia - Cour international de Justice

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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
depicted along the boundary. Inexactitude and visual fallacy results from the implication that the two streams depicted represent Kasikili/Sedudu though they in fact depict not one but two Kasikili/Sedudu islands, and are of dissimilar shape to Kasikili/Sedudu. 627. An even more significant error results from the 'blow-up' treatment in relation to the international boundary. Namibia finds great significance in the fact that this map, unlike the UN maps at a scale of 1:4,000,000 from which it was compiled, does not include the standard boundary waiver clause :- "But this standard language of reservation does not appear on UN Map No.3158, which, at a scale of 1:1000,000, does show Kasikili/Sedudu distinctly in Namibia. The omission of this disclaimer, which is standard for most UN maps, might even be said to create a reverse inference as to boundaries." (Namibian Memorial, pp.132-3. para. 323). This seems a far-fetched 'reverse inference' to base on the omission of some, but not all of the wording of the standard UN boundary waiver clause,20 and it is significant the Mr. Rushworth does not invoke it. But it is even more far-fetched when the 1985 UN Map itself is examined to reveal that no boundary is shown along the Chobe (see para. 560 above). [20 Namibia UN 1977 I:4000,000 October 1977 Map No.2947 (serial 34 in Rushworth's list) contains two marginal notes: 'On the basis of resolution 31/150 adopted by the General Assembly on 20 December 1976 and the decision taken by the Council of Namibia at its 264th meeting on 5 October 1977, this map represents an official United Nations map of Namibia and supersedes any other map on Namibia or South West Africa hitherto published by South Africa.' and 'The boundaries and names shown on this map do not imply official endorsement or acceptance by the United Nations.' An improved 1984 version (serial 38 in Rushworth's list)of this map to the same scale, 1:4,000,000 contains two marginal notes, to similar effect but with slightly different wording:-'On the basis of resolution 31/150 adopted by the General Assembly on 20 December 1976 and other Resolutions of the General Assembly, this map represents an official United Nations map of Namibia and supersedes any other map of Namibia or South West Africa hitherto published by South Africa, and 'The delineation of the boundaries between Namibia and neighbouring countries and the names on this map do not imply official endorsement or acceptance by the United Nations as they are to be determined by the independent government of Namibia.' Namibia 1:1000,000 United Nations 1985 UN Map No.3158, (the map on which Namibia relies), contains a marginal note stating:- "This map represents an official United Nations map of Namibia and supersedes any other map of Namibia or South West Africa hitherto published by South Africa". As to the competence of the United Nations to make determinations respecting international boundaries, see S. Akweenda International Law and the Protection of Namibia's Territorial Integrity: Boundaries and Territorial Claims, The Hague, 1997, pp.159-60.] 628. Further examples of the use of this 'blow-up' technique are to be found in the treatment of the Seiner map of 1909, see paragraph 572 above and of the 1982 South Africa Map of Namibia, see footnote to paragraph 615 above. (h) Limits of the Chobe Game Park
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INTERNATIONAL COURT OF JUSTICE CASE
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10. Secondly: none of the officials
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and cloudy mode of argumentation ad
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commissioned a study of the questio
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"5. Since the attached report was p
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The Report discloses that while the
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more general point of continuity th
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the herds have taken to crossing on
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Secextern would appreciate the seri
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1984) to a decisive resolution of t
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entrepreneur to construct a tourist
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105. The South African regime there
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(F) Boundary Pressures 116. Through
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Africa not to violate her territory
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Secondly: the Namibian Government r
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"The dispute concerns the reach of
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(i) The Intergovernmental Agreement
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161. Earlier in the present chapter
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demonstrated in Chapter 9, the lega
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182. The cardboard character of the
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194. The preparatory work of the An
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204. In the Joint Report itself the
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213. Thus the South African letter
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223. The first of these is an absen
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para. 169) went on to refer to the
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(c) any relevant rules of internati
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256. The key passages in his Report
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partisan approach is characterised
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the River Rovuma in Article I(2) an
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282. This statement is somewhat con
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plain and its greater depth must re
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303. The Namibian Memorial exhibits
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to sidestep these inconvenient fact
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unsubstantiated thesis that Botswan
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(Goudie. ed.; The Encyclopaedic Dic
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"Representatives of the two nationa
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(v) The mud-peat deposits in the ar
Page 75 and 76: [6. Selous' more contemporary accou
Page 77 and 78: German Agreement of 1890. The Cuand
Page 79 and 80: 372. The shape of the southern chan
Page 81 and 82: 382. When a river channel bifurcate
Page 83 and 84: [8. List of Air-Photographs reviewe
Page 85 and 86: 402. The marked stand of big hardwo
Page 87 and 88: G28 - 1947 aerial photograph with l
Page 89 and 90: 421. This photograph is part of a s
Page 91 and 92: Nambian Memorial (p.56,paragraph 15
Page 93 and 94: 449. Three bands were chosen for th
Page 95 and 96: (c) That there is flow at all seaso
Page 97 and 98: 466. It is clear that, even if the
Page 99 and 100: "Yes, because when you build a hous
Page 101 and 102: 493. On the possibility of burial o
Page 103 and 104: 515. Julius Mundia gave evidence to
Page 105 and 106: Mubukwani and then only the boys us
Page 107 and 108: scientific evidence, in which case
Page 109 and 110: 546. Even if these maps and plans w
Page 111 and 112: 552. Upon appropriate analysis, it
Page 113 and 114: 561. At paragraphs 294 to 296 the B
Page 115 and 116: [9 Captain Eason was not Assistant
Page 117 and 118: 579. From the first moment when the
Page 119 and 120: 589. This sketch map includes the i
Page 121 and 122: Military Survey, Ministry of Defenc
Page 123 and 124: a line running parallel to the nort
Page 125: 616. The map is annotated in red in
Page 129 and 130: Botswana and the Caprivi Zipfel to
Page 131 and 132: 643. VIII. As regards the 1949 Sout
Page 133 and 134: 24. Joint Operations Graphic Ground
Page 135 and 136: (b) as regards notification when th
Page 137 and 138: the exercise of sovereign rights ei
Page 139 and 140: 670. The primary legal condition fo
Page 141 and 142: (iii) The Alleged Authority of the
Page 143 and 144: Schuckmannsburg to pay it. (footnot
Page 145 and 146: invoked on the basis that it pre-da
Page 147 and 148: 712. The second solution is as foll
Page 149 and 150: particular, there is no evidence to
Page 151 and 152: 737. The episode as a whole provide
Page 153 and 154: "3. There is no doubt that if the w
Page 155 and 156: "Although this action seemed to imp
Page 157 and 158: 761. This correspondence at the int
Page 159 and 160: 771. Map evidence prior to 1965 is
Page 161 and 162: - From the time of Botswana's indep
Page 163 and 164: "The Court is asked to determine ..
Page 165: (signed) Abednego Batshani Tafa, De
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botswana/namibia - Cour international de Justice

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