BANGKOK, June 27 (TNA) - Academics and retired diplomats said the joint communique that Thailand has endorsed with Cambodia on Preah Vihear temple legally binds Thailand to support Cambodia and to allocate budget for joint management of the site.
Meanwhile, a campaign against the move to register Preah Vihear as a World Heritage site -- on the part of Thailand rather than Cambodia -- has to date gathered over 20,000 signatures.
Two former diplomats and two law professors were adamant at a panel discussion at Thammasat University on Thursday that regardless of what it's called, the contents of the document endorsed jointly by Foreign Minister Noppadon Pattama and Cambodia's deputy prime minister Sok An has significant implications that bind the Kingdom both in terms of supporting Cambodia's move to seek World Heritage status and budget to maintain the site.
Retired diplomat Sompong Sujaritkul said even though the document is called "joint communique," rather than a "treaty," it is in essence a state-to-state agreement and has legal effect similar to that of a treaty.
Documentation of Mr. Noppadon's media statements to the effect that the agreement has no legal implications that may result in Thailand negating its rights may help Thailand to argue its case in the future, he suggested.
Law professor Nopnithi Suriya of Thammasat University said one possible solution is for the government to seek parliamentary approval. If this document is rejected by the House then Thailand can argue that the joint communique is not legally binding.
Former Thai Ambassador to Vietnam Surapong Jayanama said the joint dcommunique was done "behind the people's back" and if the government is sincere, this document should be made public instead of classified.
Mr. Surapong said this government deliberately called the document a joint communique in order to bypass the parliamentary process.
He pointed out that former prime minister Surayud Chulanont during his term authorised four rounds of negotiation by the Foreign Ministry on the joint application for the World Heritage status but Cambodia remained evasive, until the recent about-turn which fuels mistrust within Thai society.
Meanwhile, a campaign against the move to register Preah Vihear as a World Heritage site -- on the part of Thailand rather than Cambodia -- has to date gathered over 20,000 signatures.
Two former diplomats and two law professors were adamant at a panel discussion at Thammasat University on Thursday that regardless of what it's called, the contents of the document endorsed jointly by Foreign Minister Noppadon Pattama and Cambodia's deputy prime minister Sok An has significant implications that bind the Kingdom both in terms of supporting Cambodia's move to seek World Heritage status and budget to maintain the site.
Retired diplomat Sompong Sujaritkul said even though the document is called "joint communique," rather than a "treaty," it is in essence a state-to-state agreement and has legal effect similar to that of a treaty.
Documentation of Mr. Noppadon's media statements to the effect that the agreement has no legal implications that may result in Thailand negating its rights may help Thailand to argue its case in the future, he suggested.
Law professor Nopnithi Suriya of Thammasat University said one possible solution is for the government to seek parliamentary approval. If this document is rejected by the House then Thailand can argue that the joint communique is not legally binding.
Former Thai Ambassador to Vietnam Surapong Jayanama said the joint dcommunique was done "behind the people's back" and if the government is sincere, this document should be made public instead of classified.
Mr. Surapong said this government deliberately called the document a joint communique in order to bypass the parliamentary process.
He pointed out that former prime minister Surayud Chulanont during his term authorised four rounds of negotiation by the Foreign Ministry on the joint application for the World Heritage status but Cambodia remained evasive, until the recent about-turn which fuels mistrust within Thai society.
7 comments:
Mr. Sok An please nullify the current listing of "temple only" with UNESCO. The proper listing should include "temple and surrouning area". It's our right to list Preah Vihear unilaterally according to the world court decision of 1962.
The border is clearly defined according to the 1907 Franco-Siamese treaty, otherwise Cambodia would never have won the case in the first place. Please see Annex I map which places Preah Vihear within Cambodian territory.
I suggest that Abhisiddh, Noppadol and other Thai scholars should obey the 1962 world court decision. If they do not, they will be held in contempt of the world court.
No problem, we'll do than when we get to Planet of the Ape.
Nothing can't be amended.
Yes dear 12:20PM Khmer must register according to the 1962 (ICJ)decision. Ah Siamese has no right what so ever to meddling Khmer decision. They must taking care the others Khmer running temples inside the occupied land , there are many in wracking conditions. Why you wanted to get share what Khmer's belonging???, and not to share with Khmer what your's belong ???????. This is your cunning policy isn't it???. whatch out! you're next don'be so proud!.
Shame on you!!! Back off Ah Siamese Thieves!
cambodia, always use the court ruling of 1962, we will prevail as thailand can be charged for contempt of the world court decision. thailand obviously shows the world that they are above the law by doing this. a court ruling at the time is the law, and anything amended or what have you after that official decision date can not be used in contempt of court, period. that is the law. cambodia have to know this and always always stick with the world court ruling of 1962. we will win again, watch. do not falling the siem trick and trap as they are well-known for their clever diplomacy, although like it to a thief or a criminal intention. yes, but still a clever trick. people in cambodia may not see it, but from other parts of the globe, everyone can see it in clear, plain sight. god bless cambodia.
plus, thailand doing this and hope that unesco would be blinded of the court ruling and act in their illegal favor, and when cambodia see this can can charge thailand for contempt of court, yes, contempt of court is unlawful and can get them fined and lose their case permanent, meaning in the future if they ever try to steal any belongings of cambodia, they will be force to give back irregardless. law is law. god bless cambodia.
however, if it's deemed detrimental to cambodia, then the court ruling of 1962 will override any new treaties since then. i will keep on saying this again and again that the world court decision of 1962 is the law and it will be the full advantage for cambodia to always go back to it against thailand's criminal intent toward cambodia's sovereignty. god bless cambodia.
Dear 3:29Am,3:33Am you have the main point, my Q? is this whether or not a Cambodian represetative of the case is trustworthy?, is he/she will be able to reconvince the judge regarding this matter over Siamese? in spite of they blindfully claimed!. I am nervous obviously, not only his/her capability is over Hun Sen GV'T policy itself!.
What ever your policy is PLS think twice about Khmer Nation and 1962 ICJ decision!.
May god bless Khmer all. PL.K
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