Declaration of Judge Higgins Kasikili/Sedudu Island (Botswana/Namibia), Judgment

Rosalyn Higgins Dbe Qc

in Themes and Theories

Published in print August 2009 | ISBN: 9780198262350
Published online March 2012 | e-ISBN: 9780191682322 | DOI:
Declaration of Judge Higgins Kasikili/Sedudu Island (Botswana/Namibia), Judgment

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In paragraph 28 of its judgment, the International Court of Justice states that it interprets words in a treaty to give them ordinary meaning; and that this is what it was doing in determining the meaning of the term ‘main channel’ by ‘reference to the most commonly used criteria in international law’. This chapter describes a related case. For its greater part the River Chobe is not navigable; no further engineering works have been able to bring into being access to the Zambezi and indeed, even in the area around Sedudu-Kasikili, there can only be navigation by very shallow vessels. But the law made a mistake, and particularly Article 48 of the Vienna Convention on the Law of Treaties had no place in this issue. This chapter gives views on the case.

Keywords: International Court of Justice; main channel; international law; River Chobe; Zambezi; Sedudu-Kasikili; navigation

Chapter.  1203 words. 

Subjects: Public International Law

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