nice find
& would anyone know of examples of such boundaries
described one way in treaty text & mapped another way on the
official treaty map
i wonder if it could be a very long list
--- In
BoundaryPoint@yahoogroups.com, Brendan Whyte
<bwhyte@u...> wrote:
>
> >Dr. Daniel-Erasmus Khan of Uni Muenchen has written 2
books on boundaries,
> >in German.
>
> >1."Die Vertragskarte" (Maps in International Treaties [at least
with an
> >English Summary, which you find at the end of this mail),
Beck Verlag
> >Munich 1996.
> >
> >2.; To be published (later this year): "Die deutschen
Staatsgrenzen"
> >[German boundaries], a comprehensive (800 pages)
analysis of the legal
> >regime of the existing German boundaries in a historical
perspective (with
> >respect to certain stretches of the boundary-line reaching
back to the
> >middle-ages).
>
> Contact him for more details on these.
>
> >English Summary of book 1:
> >Maps play an important role in various fields of international
law: Not only
> >have they frequently been used as evidence in international
judicial
> >proceedings but also as proof for alleged territorial titles. As a
means of
> >treaty interpretation, cartographic representations have also
been claimed
> >to be part of the travaux preparatoires or subsequent treaty
practice.
> >Further, maps have been included in various judgements of
international
> >judicial bodies, in several resolutions of international
organisations and
> >in unilateral acts of States. In addition, they have been
discussed as an
> >element in the processes leading to the formation of
customary law. Finally,
> >a number of legal problems arise when a map contains
errors: W hat is to
> >happen to a treaty if the consent of
> >the parties to it is based on erroneous representations on a
map? What are
> >the legal consequences of "cartographic aggression", i. e. of
voluntary
> >falsifications of political maps through which another
(neighbouring) State
> >is put at a disadvantage? Do States have to react to
erroneous maps in order
> >not to be estopped from contesting such false
representations in the future?
> >Although all these aspects are briefly dealt with (Introduction
> >[Einleitung], Section II), the present study focuses on a more
specific
> >aspect of the use of maps, namely on "treaty maps"
(Vertragskarten).
> >
> >Strikingly enough, the most common and widespread use of
maps in
> >international legal practice, i. e. as an integral part of a treaty
> >instrument, has not received much attention in scholarly
writing. This is
> >particularly true for the analysis and evaluation of the vast
treaty
> >practice reaching back to the l6th century. The present study
cannot, of
> >course, achieve a comprehensive coverage of all legal
issues related to this
> >rather complex topic but merely give some tentative contours
to this blank
> >spot on the map of legal writing.
> >
> >The study departs from the observation that in the literature
language has
> >always been assumed to be the sole means by which legal
rules or agreements
> >are being expressed. It shows, however, that- although of
course language
> >still plays the dominant role in the tool-box of the treaty maker,
> >non-verbal components increasingly find their way into treaty
instruments.
> >In this regard, and apart from cartographic material,
photographs, technical
> >drawings, mathematical and other formulae and even
samples of goods deserve
> >to be mentioned. For a lawyer, it is quite common to equate
law with
> >language. This fact is responsible for the underdevelopment
of legal doctrine
> >concerning non-verbal components of normative acts.
Considering their
> >practical importance in today's treaty practice, this situation
can only be
> >regretted.
> >
> >The very beginning of Part I of the study deals with the
definition of the
> >term "map". As this word is not a legal term, recourse is
made to the
> >respective concepts in cartographic science. In order to cover
all possible
> >uses of cartographic materials which we face in international
treaties, the
> >broadest definition possible is chosen, including very
large-scale maps and
> >mere sketches as well as maps existing only in the form of
digitalized data.
> >After having examined various scenarios in which maps are
closely related to
> >treaties without actually becoming part of them, the study
finally gets to
> >the gist of the subject, the treaty maps. After defining them, it
undertakes
> >an n-depth analysis of the treaty practice both in its historical
and
> >factual perspective.
> >This analysis reveals not only that maps have become an
integral part of
> >treaties much earlier than hitherto assumed. It equally
illustrates and
> >systematizes the enormous range in which this nonverbal
treaty component can
> >be found. Indeed, in international treaty practice maps are not
only
> >designed to delineate frontiers, cease-fire lines and zones of
occupation.
> >They are also used for the regulation of a great variety of
transboundary
> >questions including joint constructions (bridges, canals,
dams. ..), the
> >erection of reindeer fences, the management of joint
border-control posts,
> >cross-border mining, the control of emission of airports, the
distribution
> >of radio and television frequencies, projects concerning
environmental
> >protection, and so forth. In a legally binding way, cartographic
> >representations may determine the extent of military activities
on foreign
> >territory as well as the exact location of diplomatic premises
and seats of
> >international organizations, the sale of plots of land and the
establishment
> >of military cemeteries. Recently, a number of treaties
concerning technical
> >co-operation with developing countries have defined the
extent of their
> >territorial application by means of maps. Somewhat "exotic"
examples, such
> >as the international system for the supervision of icebergs in
the North
> >Atlantic, the "Special Trade Passenger Ships Agreement" and
the
> >"International Convention on Load Lines" can be added to
this enumeration
> >which is by no means exhaustive. The first part of the study
concludes with
> >some general remarks on the role and significance of maps
in the field of
> >treaty-interpretation.
> >
> >Part II goes into the rather technical question of how maps
are incorporated
> >into a treaty instrument. Giving special consideration to the
relevant
> >treaty practice, the various techniques by which maps may
become an integral
> >part of a treaty are presented. In this context, another rather
neglected
> >subject- the annexes to international treaties - is analyzed in
detail.
> >
> >Part III is devoted to the specific question whether or not the
legal
> >obligation of publication and registration of treaties - as
provided in
> >Article 102 of the UN-Charter - is applicable to cartographic
treaty
> >components as well. The author arrives at the conclusion that
in order to
> >fulfil the purpose of the provision just mentioned, this
question must be
> >answered in the affirmative. Consequently, the occasionally
reluctant
> >practice in this respect - of both the registering State and the
Secretariat
> >of the United Nations - is to be considered inconsistent with
Article 102 of
> >the Charter.
> >
> >Part IV of the study essentially serves the purpose of
analyzing in a more
> >precise and differentiated way the legal significance of maps
within the
> >framework of a specific treaty settlement. Departing from the
rather few
> >relevant statements in the literature and jurisprudence, the
study then
> >turns towards a thorough examination of the abundant treaty
practice. This
> >empirical research demonstrates that the legal significance
of incorporated
> >maps can vary considerably, reaching from maps with a
merely illustrative
> >function to maps serving as the sole means of defining the
object of the
> >treaty: Thus, generalizations can never grasp the entire reality.
The final
> >part of the study deals with the position of treaty maps
vis-a-vis the
> >textual components of the treaty. This question becomes
crucial particularly
> >in the case of one treaty component contradicting the other.
Many incidents
> >in the past have shown that here we face not only a
theoretical problem but
> >an issue which has gained an important role in international
legal practice:
> >On various occasions it had to be decided, e. g., whether a
border line
> >follows the strict watershed as provided for in the text of a
treaty , or
> >whether instead the representations of a map annexed to the
same treaty -
> >showing this line to run along the crest of a mountain chain -
embodies the
> >authentic will of the parties. Similar problems arise if a textual
> >description refers to the Thalweg", whereas a treaty map
actually shows the
> >middle-line of the river. After having worked out the various
possibilities
> >of how such divergencies may occur, a comprehensive
analysis of both treaty
> >practice and international jurisprudence comes to the
conclusion that there
> >is no general rule in existence, neither in favour of the textual
> >description nor in favour of the map representation. In order to
provide a
> >legal tool for the resolution of such conflicts, the study
proposes to apply
> >Article 33 of the Vienna Convention on the Law of Treaties per
analogiam.
>
>
>
> Brendan Whyte