botswana/namibia - Cour international de Justice

(c) That there is flow at all seasons of the year and of greater capacity and velocity in the
northern channel compared to the southern.
(d) That the northern channel, unlike the meander loop and the shallow entrance point of the
southern channel, exhibits no zones of sedimentation.
(e) That the Sedimentological Study provides evidence of the composition of the Island and
the age, size and location of deposits which supports the greater flow and depth in the
northern channel.
(f) That at times of back flow or flood the cross-channels linking the Zambezi with the Chobe
produce greater levels of water and higher flows in the northern as compared to the southern
channel.
(g) That the Chobe system is a mature system with no change over the last 2000 years
approximately.
(h) That the western section of the Island is higher than the eastern section in accordance with
the general gradient down towards the confluence of the Zambezi.
(i) Wildlife abounds on the Island which is reached by the shallow passage of the southern
channel. Hippopotamus are found in the southern but not the northern channel by reason of
the former's shallow and more tranquil waters.
CHAPTER 7
The Oral Evidence
(A) Legal Relevance
458. In terms of Article 1 of the Special Agreement signed by the parties to the present
dispute, "the Court is asked to determine, on the basis of the Anglo-German Treaty of 1 July
1890 and the rules and principles of International Law, the boundary between Namibia and
Botswana around Kasikili/Sedudu Island and the legal status of the island." In accordance
with Article III (2) of the Anglo-German Agreement of 1890 the boundary in the relevant
sector descends the Chobe River and is defined as 'the centre of the main channel of the river.'
459. Consequently, as a matter of fact and law, the main channel of the Chobe is the northern
and western channel in the vicinity of Kasikili/Sedudu Island and hence the median line in
that northern and western channel is the boundary between Botswana and Namibia. (See
Chapters VI and VII of the Memorial of the Republic of Botswana).
460. By the Memorandum of Understanding of 23 December 1992 (Botswana Memorial,
Annex 57) Botswana and Namibia agreed terms of reference for the Joint Team of Technical
Experts to determine the boundary between Botswana and Namibia around Kasikili/Sedudu
Island in accordance with the Anglo-German Agreement of 1890. Six rounds of meetings
were held between 28 September 1993 and 21 August 1994 at Windhoek, Gaborone, Kasane
and Katima Mulilo and Minutes of these meetings were prepared and agreed. Article 7(1)(f)