botswana/namibia - Cour international de Justice

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(C) The Legal Status of the Island 800. The provisions of Article 1 of the Special Agreement also ask the Court 'to determine ... the legal status of the island'. In this context, the Submissions of both parties ask the Court to declare that sovereignty in respect of Kasikili/Sedudu Island inheres, respectively, in Botswana or in Namibia. 801. It is significant that neither party has proposed any alternative application of the phrase 'legal status'. This is not very surprising. It is difficult to conceive of an alternative application of the phrase which would be compatible with the provisions of the Anglo-German Agreement of 1890. 802. In Article 1 of the Special Agreement, the Court is asked to determine the boundary 'on the basis of the Anglo-German Agreement of 1 July 1890 and the rules and principles of international law.' The presumption which this formulation creates is the primacy of the Anglo-German Agreement, which prescribes a boundary with the obvious function of separating two areas subject to British and German sovereignty respectively. Accordingly, both parties in their Submissions have asked the Court to declare the sovereignty of the party concerned in respect of Kasikili/Sedudu Island. In the words of the Namibian Submissions: "The legal status of Kasikili/Sedudu Island is that it is a part of the territory under the sovereignty of Namibia'. (Namibian Memorial, p.141). (D) Conclusion 803. In the opinion of the Government of Botswana the task of the Court is clearly defined in the Special Agreement as the determination of the 'the boundary between Namibia and Botswana around Kasikili/Sedudu Island', and includes a determination of the precise location of the boundary and not only the identification of the 'main channel'. __________ SUBMISSIONS Having regard to the considerations set forth in the Memorial and Counter-Memorial presented on behalf of the Republic of Botswana and maintaining without change the submissions presented in the Memorial, May it please the Court to adjudge and declare that: (1) The northern and western channel of the Chobe River in the vicinity of Kasikili/Sedudu Island constitutes the 'main channel' of the Chobe River in accordance with the provisions of Article III(2) of the Anglo-German Agreement of 1890; and that: (2) Consequently, sovereignty in respect of Kasikili/Sedudu Island vests exclusively in the Republic of Botswana.
(signed) Abednego Batshani Tafa, Deputy Attorney-General Agent of the Republic of Botswana
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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
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[6. Selous' more contemporary accou
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German Agreement of 1890. The Cuand
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372. The shape of the southern chan
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382. When a river channel bifurcate
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[8. List of Air-Photographs reviewe
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402. The marked stand of big hardwo
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G28 - 1947 aerial photograph with l
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421. This photograph is part of a s
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Nambian Memorial (p.56,paragraph 15
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449. Three bands were chosen for th
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(c) That there is flow at all seaso
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466. It is clear that, even if the
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"Yes, because when you build a hous
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493. On the possibility of burial o
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515. Julius Mundia gave evidence to
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Mubukwani and then only the boys us
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scientific evidence, in which case
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546. Even if these maps and plans w
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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
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Page 125 and 126: 616. The map is annotated in red in
Page 127 and 128: depicted along the boundary. Inexac
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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: "The Court is asked to determine ..
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