UDC 341.645.2:910.27(728.5:728.6)
Biblid: 0025-8555, 68(2016)
Vol. 68, No 1, pp. 95-111
DOI: https://doi.org/10.2298/MEDJP1601095N
Оriginal article
Received: 15 Jan 2016
Accepted: 15 Feb 2016
GEOGRAPHIC MAPS AS EVIDENCE IN PRACTICE OF THE INTERNATIONAL COURT OF JUSTICE
NOVAKOVIĆ Marko (Autor je naučni saradnik u Institutu za međunarodnu politiku i privredu, Beograd), marko@diplomacy.bg.ac.rs
The paper deals with the use of geographic maps as evidence in the practice of the International Court of Justice with a view to the latest cases in which the Court in its judgments elaborated maps as evidence: the case Certain Activities carried out by Nicaragua in the Border Area (Costa Rica v. Nicaragua) and Construction of a Road in Costa Rica along the San Juan River (Nicaragua v. Costa Rica). The analysis comprehends the evidentiary value of geographic maps throughout the International Court of Justiceʼs jurisprudence and even in the case-law of its predecessors. The author emphasizes that the substantial element that affects whether a geographic map will be accepted as direct evidence before the International Court of Justice is the consent of the parties to the dispute, as well as the fact, that the map stands as an expression of the will of the state. The author concludes that the map properties— such as details, quality and consistency—have no impact on the acceptance of the map as direct evidence, but only on whether the geographic map is to be accepted as an indirect proof.
Keywords: geographic maps, International Court of Justice, agreement, evidence, evidentiary value, borders, Nicaragua, Costa Rica, Burkina Faso, Mali