Admissibility and Probative Force of Map Evidence: Evaluating Evidentiary Value of Map

Abstract

Although map evidence plays a significant role in demarcation cases, its evidentiary value shall not be overestimated, except such maps fall into the category of physical expressions of the will of the State or States concerned. Usually map will be regarded as second-handed instead of original evidence, and as circumstantial evidence rather than direct evidence. The admissibility and probative force of map depends on at least the following five factors: whether it reflects the will of the State or States concerned; whether it is accurate or objective representations of the realities on the ground; whether it was produced neutrally; whether it is consistent; whether it received a clear recognition or tacit consent of States concerned. The international adjudicator enjoys particularly wide discretion in determining the weight of map evidence in the process of reconstruction of the facts.

Keywords: map evidence, evidentiary value, will of the state, admissibility