国际法庭确定领土边界争端中地图证据分量考——U形线地图在解决南沙群岛争端中的作用

Consideration Given to Maps by the International Court in Settlement of Border Disputes:The Role of the U Shaped Line in Resolving the Dispute over the Spratly Islands

由于地图通常能够对确定边界的位置起到重要的证明作用,因而国际法庭十分重视其证据功能。在司法实践中,国际法庭一般会根据个案的情况赋予地图相应的分量,且已经初步形成了一套认定地图分量大小的比较规则。尤其是,随着空中和卫星图像技术的发展,地图的可靠性越来越高,这对于解决当事方领土边界争端无疑具有重要的价值。尽管如此,鉴于地图的来源、比例、技术和专业技能与精度,以及当事方随后的适用等因素,国际法庭对地图作为可采信证据仍持审慎态度。国际法庭在实践中适用的地图分量大小比较规则对解决南沙群岛争端具有重要借鉴意义。体现中国官方意图并长期得到相关争端方默认或承认的U形线地图,对南沙争议岛礁归属的判定具有不可反驳的推定效力,等同于法律权利。

The International form of evidence of the location tends to give weight to maps as Court places great importance on maps as a of a border. In practice though, the Court evidence on a case by case basis, and has al- ready determined preliminary guidelines regarding how to give such consider- ation. In particular, the development of visual space and satellite technology has increased the reliability of maps, clearly increasing their value when it comes to resolving a border dispute between states. While this may be the case, issues around the source, scale, specialization and technology, preci- sion and the application of maps by claimant states have caused the Interna- tional Court to continue to take a cautious approach with regard to their ap- plication as evidence. The comparative rules that the Court has applied to the weighting of maps in the resolution of disputes historically still offer impor- tant lessons for the resolution of the dispute over the Spratly Islands. The map with the U-shaped line around the South China Sea which demonstrates the official intent of the Chinese government and which has long received tac- it or explicit recognition by parties to the dispute provides an indisputable and effective means of determining the sovereignty of the disputes islands of the South China Sea, and is the equivalent of a legal right.