The Frailties of Maps as Evidence in International Law

Abstract

Maps are a crucial item of evidence in international law, yet their limitations in terms of constructing reality are not usually considered in depth. Maps are not objective, but rather subjective, and hence political, documents. International courts and tribunals, and international negotiations, often apply maps as if they were unimpeachable. After all, they do appear on their face to be scientific instruments, depicting a photographic and naturalistic representation of reality. However, they are not naturally occurring themselves; they are constructions that function as imperfect models, representing reality for certain purposes. For whatever purposes the map is used, the map must be evaluated, and perhaps deconstructed. This article will examine the various ways in which maps are products of choices, errors and assumptions, and the implications those limitations have for maps when they serve as evidence in international relations.

Keywords: map, mapping, evidence, dispute, Vienna Convention, International Court of Justice

JEL Classification: K00, K10, K19, K30, K33, K39