Maps Serving as Facts or Law in International Law

26 Pages Posted: 21 Nov 2017 Last revised: 14 Aug 2019

See all articles by William Thomas Worster

William Thomas Worster

The Hague University of Applied Sciences - International Law; University of Amsterdam, Faculty of Law, Amsterdam Center for International Law; University of Missouri at Kansas City - School of Law

Date Written: August 30, 2017

Abstract

While maps are used as evidence in international relations, their precise function is much broader than this simple description. Actual use varies for differing objectives, whether those objectives are proving facts, establishing legal relations or creating new law. Ian Brownlie has previously observed that maps serve a variety of functions. Among these functions he identifies are preparatory work, subsequent practice, interpretation and other forms of proof of facts. Notwithstanding his use of the terms “preparatory work”, “subsequent practice”, and “interpretation”, Brownlie classifies maps as only serving the purpose of proving something, be it proving fact or law. This paper proposes to more clearly distinguish between proof of fact and proof of law, and to further distinguish between proof of the binding quality of law and proof of the content of the law. This paper will go beyond the categories that Brownlie introduced, and consider the role of these documents as evidence of facts, evidence of normativity, evidence of normative content, legal facts, elements of legal acts, and self-contained legal acts.

Keywords: map, mapping, international law, act, fact, evidence

JEL Classification: K00, K10, K19, K30, K33, K39, K40, K41, K49

Suggested Citation

Worster, William Thomas, Maps Serving as Facts or Law in International Law (August 30, 2017). Connecticut Journal of International Law, Vol. 33, No. 2, 2018, Available at SSRN: https://ssrn.com/abstract=3073565 or http://dx.doi.org/10.2139/ssrn.3073565

William Thomas Worster (Contact Author)

The Hague University of Applied Sciences - International Law ( email )

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Hague
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HOME PAGE: http://www.hhs.nl

University of Amsterdam, Faculty of Law, Amsterdam Center for International Law ( email )

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Amsterdam, 1000BA
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University of Missouri at Kansas City - School of Law ( email )

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Kansas City, MO 64110-2499
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