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397:(territory belonging to Namibia) did indeed use the island for many years, they did so intermittently, according to the seasons, and for exclusively agricultural purposes, without it being established that they occupied the island exercising functions of state authority there on behalf of the Zambezi authorities. The Court therefore rejected this argument.
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To do so, the Court took into consideration the depth and the width of the channel, the flow (i.e., the volume of water carried), the bed profile configuration and the navigability of the channel. After considering the figures submitted by both parties, as well as surveys carried out on the ground at
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After concluding that the boundary between
Botswana and Namibia around Kasikili/Sedudu Island follows the line of deepest soundings in the northern channel of the Chobe and that the island formed part of the territory of Botswana, the Court recalled that, under the terms of an agreement concluded in
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of the river immediately north (not south) of the island. The island is approximately 5 square kilometres (2 square miles) in area, with no permanent residents. For several months each year, beginning around March, the island is submerged by floods. The Island is one of the top tourist attractions
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Namibia and
Botswana reached a Special Agreement in 1996 to resolve their dispute by taking it to the ICJ. Under the terms of the Special Agreement, the two countries asked the Court to "determine, on the basis of the Anglo-German Treaty of 1 July 1890 and the rules and principles of international
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The Court considered
Namibia's alternative argument that it (and its predecessors) had prescriptive title to Kasikili/Sedudu Island by virtue of the exercise of sovereign jurisdiction over it since the beginning of the century, with full knowledge and acceptance by the authorities of Botswana (and
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According to the text of the 1890 Treaty, Great
Britain and Germany located the dividing line between their spheres of influence in the "main channel" of the Chobe River. The real dispute between the countries concerned the location of that "main channel", with Botswana contending that it was the
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The Court stated that it could not draw conclusions from the cartographic material "in view of the absence of any map officially reflecting the intentions of the parties to the 1890 Treaty" and "in the light of the uncertainty and inconsistency" of the maps submitted by
Botswana and Namibia.
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channel running north of Sedudu Island and
Namibia saying the channel ran south of the island. However, since the 1890 Treaty did not define the notion of "main channel", the Court itself had to determine which was the main channel of the Chobe River around the island.
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336:, follows this degree of longitude northward to its intersection with the 18th degree of south latitude, runs along this degree of latitude eastward to its intersection with the
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To the east by the line that commences at the aforementioned point and follows the 20th degree of east longitude to its intersection point with the 22nd degree of south
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different periods, the Court concluded that "the northern channel of the River Chobe around
Kasikili/Sedudu Island must be regarded as its main channel".
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shall be granted free access from its protectorate to the
Zambezi by means of a strip of land not less than twenty English miles wide at any point.
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The dispute arose because of the imprecise wording of the agreement concerning the northern boundary between the colonial powers of
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The present country of
Namibia was German Southwest Africa in 1890; Botswana was then known as the Bechuanaland Protectorate.
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law, the boundary between
Namibia and Botswana around Kasikili/Sedudu Island and the legal status of the island".
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signed on July 1, 1890. This treaty read "in Southwest Africa, Germany's sphere of influence is demarcated thus":
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reprint of a review of the case by W.J.R. Alexander published in the
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between these countries, resolved by a 1999 ruling of the
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which settled the geographic interests between German
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389:its predecessors). The Court found that while the
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420:Science, history and the Kasikili Island dispute
201:Territorial dispute with Namibia resolved by
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344:of the main channel until it meets the
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430:, August 1999, Vol. 95 Issue 8, p321.
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449:International Court of Justice cases
242:(ICJ) that the border runs down the
234:. The island was the subject of a
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459:Territorial disputes of Botswana
428:South African Journal of Science
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464:Territorial disputes of Namibia
154:5 km (1.9 sq mi)
240:International Court of Justice
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230:adjacent to the border with
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320:Heligoland-Zanzibar Treaty
37:Kasikili Island (Botswana)
316:Bechuanaland Protectorate
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259:Tourism on Sedudu Island
469:River islands of Africa
444:Botswana–Namibia border
340:. Here it descends the
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196:Additional information
49:Chobe River and Sedudu
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287:Sedudu-Island (2019)
454:Islands of Botswana
298:Territorial dispute
236:territorial dispute
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27:Island in Botswana
403:Kasane Communiqué
312:South-West Africa
292:in the background
218:in Namibia) is a
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183:Demographics
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97:adjacent to
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106:Coordinates
95:Chobe River
438:Categories
358:Lake Ngami
214:(known as
188:Population
334:longitude
86:Geography
330:latitude
314:and the
306:and the
273:Botswana
228:Botswana
175:Botswana
99:Namibian
91:Location
18:Kasikili
393:of the
350:Germany
346:Zambezi
342:thalweg
318:in the
304:Germany
244:thalweg
232:Namibia
222:in the
205:in 1999
115:17°49′S
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275:(2018)
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118:25°8′E
101:border
226:, in
151:Area
203:ICJ
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