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6. MAPS as EVIDENCE of TERRITORIAL FRONTIERS from Colonial Sketches to Satellite Imagery

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Chapter Summary

This chapter will consider, first, the factors that determine the probative value of maps and, secondly, each of the identified contexts in which maps can contribute to delimitation of a boundary between neighbouring states. The categories where maps have been afforded evidentiary value have been gleaned from international judicial and arbitral decisions. These categories will be adopted for the purposes of this chapter as a convenient means of understanding the evolving jurisprudence. The legal principles have remained largely unchanged over recent years, the precise role of maps varying with the highly individual facts of each case. While international tribunals have been, and continue to be, wary of affording probative value to maps in determining a boundary, technological developments have advanced map making skills and accuracy. International tribunals are also likely to continue to treat maps warily if they are contradictory, self-serving, or of doubtful accuracy or provenance.

Keywords: arbitral decisions; colonial sketches; delimitation of a boundary; Evidence; evolving jurisprudence; international judicial; Maps; probative value; satellite imagery; Territorial Frontiers



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