Friday July 25, 2008
THITINAN PONGSUDHIRAK
Bangkok Post
While the military build-up between opposing Thai and Cambodian armed forces over the Preah Vihear temple controversy has reached a standstill following inclusive talks between the two sides, Phnom Penh's diplomatic offensive is well under way. After its unsuccessful bid to put the issue for regional discussion among Asean members, Cambodia is now seeking a multilateral solution to this longstanding bilateral territorial dispute, threatening to put the United Nations Security Council on the spot.
It has become a foreboding tussle between Cambodia's legal merits and Thailand's historical claims that has far-reaching repercussions. Although the narrative of what Cambodians have referred to as Preah Vihear and Thais as Phra Viharn is complicated and technical, the main points of contention are not difficult to discern.
Phnom Penh insists that the 4.6 square kilometres adjoining the temple complex has been under Cambodia's territorial sovereignty since the International Court of Justice's landmark adjudication in 1962. In its 9-to-3 verdict, the ICJ ruled that Cambodia's submitted map, drawn up by French surveyors during 1904-07, put the temple area in Cambodia proper because Thailand (then known as Siam until 1939) did not object. Without Siam's visible and vigorous objections during the interim, the ICJ ruled that Cambodia's map carried the day.
Sensing an opportunity during the hearings in 1962, Cambodia further requested the ICJ's adjudication over the adjacent land area but the judges placed their jurisdiction only over the temple as per Cambodia's original case submission.
This French-made map thus became the core of contention because it defied and manipulated natural geographic divisions. Siam then did not, as Thailand now does not, accept the French-made and Cambodian-peddled map over ''Phra Viharn'' because it contravenes the Franco-Siamese agreement of 1904, which stipulated that the map was to be demarcated along a watershed line separating the two countries.
French mapping also took place just a decade after Siam ceded a clutch of territories to France. It was a period when France lorded it over Indochina as a colonial master and when Thailand was compelled to trade off a host of unequal treaties with European powers for its independence.
Unsurprisingly, none of the judges in 1962 said that the French map was fair and just. Their point was that the absence of Siam's explicit rejection of the map was tantamount to an implicit acceptance. A dissenting judge from Australia, Sir Percy Spender, in fact stipulated in his opinion that the temple area was in Thai territory due to the watershed line.
Over the past century of Preah Vihear controversy, Thailand has never recognised this map but it did accept the ICJ ruling on the temple complex itself. Cambodia's ongoing manoeuvres to claim the adjacent 4.6 square kilometres of territory to be under its sovereignty, are ironically intended to benefit from the fruits of French imperialism, from which the country itself suffered for decades.
Yet the Cambodians are unlikely to cease their claims. Phnom Penh knows it has the upper hand both on the legal merits and on the domestic divisions in Thailand.
Bangkok is still without a foreign minister after the incumbent Noppadon Pattama resigned in disgrace following the Thai Constitution Court's ruling against the joint communique between Bangkok and Phnom Penh agreeing to let Cambodia unilaterally register Preah Vihear temple as a World Heritage Site.
Thailand is also deeply polarised, stuck in a protracted political crisis. Another Cambodian submission to the ICJ to rule on the sovereignty over the 4.6 square kilometres, based on the 1962 precedent, would be a blow to Bangkok.
Prime Minister Samak Sundaravej and his embattled government have suggested that the controversy will dissipate after Cambodia's general election this Sunday.
This is a misplaced assumption.
Cambodia 's bid for the temple's designation as a World Heritage Site goes back to 1992 and actively took hold well before the Thai political crisis and Cambodia's elections. Phnom Penh's claim is thus likely to continue after Sunday.
If Cambodia fails at the UNSC due to Thailand's staunch and longstanding friendships with the majority of the Permanent Five, it will still press the case on a bilateral basis.
What Mr Samak must do now is to de-politicise the Preah Vihear controversy by appointing an autonomous team of diplomats and relevant officials and experts who are insulated from the cut-and-thrust of the Thai political crisis, to mount Thailand's case.
If the new foreign minister must come from the patronage party quota system, then a deputy or equivalent should appointed who should be a respected outsider.
He then should be given a green light and full support to direct Thailand's legal and diplomatic efforts.
Equally important, the People's Alliance for Democracy and other anti-government groups bent on overthrowing Mr Samak's government, must lay off the Preah Vihear issue. If they continue to exploit this matter to bring down the government, it would play into Cambodia's advantage.
Preah Vihear should be off-limits to both the PAD and Prime Minister Samak's lieutenants and other proxies of former prime minister Thaksin Shinawatra.
Indeed, the Preah Vihear temple belongs to Cambodia, but the adjacent land should be jointly developed, supervised and managed. While legality gives Cambodia an edge, geography is firmly on Thailand's side.
The status quo of joint use by both Thais and Cambodians has worked well until recent weeks. It should be restored.
The writer is Director of the Institute of Security and International Studies, Faculty of Political Science, Chulalongkorn University.
It has become a foreboding tussle between Cambodia's legal merits and Thailand's historical claims that has far-reaching repercussions. Although the narrative of what Cambodians have referred to as Preah Vihear and Thais as Phra Viharn is complicated and technical, the main points of contention are not difficult to discern.
Phnom Penh insists that the 4.6 square kilometres adjoining the temple complex has been under Cambodia's territorial sovereignty since the International Court of Justice's landmark adjudication in 1962. In its 9-to-3 verdict, the ICJ ruled that Cambodia's submitted map, drawn up by French surveyors during 1904-07, put the temple area in Cambodia proper because Thailand (then known as Siam until 1939) did not object. Without Siam's visible and vigorous objections during the interim, the ICJ ruled that Cambodia's map carried the day.
Sensing an opportunity during the hearings in 1962, Cambodia further requested the ICJ's adjudication over the adjacent land area but the judges placed their jurisdiction only over the temple as per Cambodia's original case submission.
This French-made map thus became the core of contention because it defied and manipulated natural geographic divisions. Siam then did not, as Thailand now does not, accept the French-made and Cambodian-peddled map over ''Phra Viharn'' because it contravenes the Franco-Siamese agreement of 1904, which stipulated that the map was to be demarcated along a watershed line separating the two countries.
French mapping also took place just a decade after Siam ceded a clutch of territories to France. It was a period when France lorded it over Indochina as a colonial master and when Thailand was compelled to trade off a host of unequal treaties with European powers for its independence.
Unsurprisingly, none of the judges in 1962 said that the French map was fair and just. Their point was that the absence of Siam's explicit rejection of the map was tantamount to an implicit acceptance. A dissenting judge from Australia, Sir Percy Spender, in fact stipulated in his opinion that the temple area was in Thai territory due to the watershed line.
Over the past century of Preah Vihear controversy, Thailand has never recognised this map but it did accept the ICJ ruling on the temple complex itself. Cambodia's ongoing manoeuvres to claim the adjacent 4.6 square kilometres of territory to be under its sovereignty, are ironically intended to benefit from the fruits of French imperialism, from which the country itself suffered for decades.
Yet the Cambodians are unlikely to cease their claims. Phnom Penh knows it has the upper hand both on the legal merits and on the domestic divisions in Thailand.
Bangkok is still without a foreign minister after the incumbent Noppadon Pattama resigned in disgrace following the Thai Constitution Court's ruling against the joint communique between Bangkok and Phnom Penh agreeing to let Cambodia unilaterally register Preah Vihear temple as a World Heritage Site.
Thailand is also deeply polarised, stuck in a protracted political crisis. Another Cambodian submission to the ICJ to rule on the sovereignty over the 4.6 square kilometres, based on the 1962 precedent, would be a blow to Bangkok.
Prime Minister Samak Sundaravej and his embattled government have suggested that the controversy will dissipate after Cambodia's general election this Sunday.
This is a misplaced assumption.
Cambodia 's bid for the temple's designation as a World Heritage Site goes back to 1992 and actively took hold well before the Thai political crisis and Cambodia's elections. Phnom Penh's claim is thus likely to continue after Sunday.
If Cambodia fails at the UNSC due to Thailand's staunch and longstanding friendships with the majority of the Permanent Five, it will still press the case on a bilateral basis.
What Mr Samak must do now is to de-politicise the Preah Vihear controversy by appointing an autonomous team of diplomats and relevant officials and experts who are insulated from the cut-and-thrust of the Thai political crisis, to mount Thailand's case.
If the new foreign minister must come from the patronage party quota system, then a deputy or equivalent should appointed who should be a respected outsider.
He then should be given a green light and full support to direct Thailand's legal and diplomatic efforts.
Equally important, the People's Alliance for Democracy and other anti-government groups bent on overthrowing Mr Samak's government, must lay off the Preah Vihear issue. If they continue to exploit this matter to bring down the government, it would play into Cambodia's advantage.
Preah Vihear should be off-limits to both the PAD and Prime Minister Samak's lieutenants and other proxies of former prime minister Thaksin Shinawatra.
Indeed, the Preah Vihear temple belongs to Cambodia, but the adjacent land should be jointly developed, supervised and managed. While legality gives Cambodia an edge, geography is firmly on Thailand's side.
The status quo of joint use by both Thais and Cambodians has worked well until recent weeks. It should be restored.
The writer is Director of the Institute of Security and International Studies, Faculty of Political Science, Chulalongkorn University.
29 comments:
Please RGC don't care with this solution!!
Please look at the diplomatic and legal solution to presure Thailand for their soldier withdrawal, therefore RGC must complain to UNSC, UN and ICJ immediatelly, But not ASEAN because ASEAN is not powerful to deal this problem and now ASEAN is leaded by Thailand, so we can play with some one who is a player and also a mediator.
Ramy
THITINAN PONGSUDHIRAK is confusing on ICJ verdict. Read this verdict again before you writeh this article or you blind yourself?
I BAR Facuty's of Julalongkon U Preah Vihear, $.6Km2,and the THailand Habitated today are bolong to Kher Nation. Wher this I BAR PENN RUOK PRASAAT CAME from you're truely insane slave Thieves.
Some of your leaders will suiside when this conflict ending possible your KING PUmibol, your Nation will be darker forever!!!!KAO JAY MI???HAHH!!!?
We have to talk to the Siam government first this the wish of the UN.
When a country invade your land you must talk to them until they withdraw and run away.
Thank to Ms. Candyrice and Mr. Yahoo.
Right now Cambodia are so happy by their decision.
This is so illogical.
It appears that the border talks on coming Monday will not produce any positive results.
ASEAN will biase with Thailand as chairman.
Regional grouping cannot solve this border issues. The RGC, please don't be hesitate to take the issues to the World. We step back one step now with the request to cancel the URGENT Meeting of the UN SECURITY COUNCIL on Cambodian-Thai border issues.But if nothing better we have to take more steps.
We hate wars, but have to fight the wars to peace and security.
JUST FUCK ALL AH SIAMES AND IT STUPIT KING , GET LOSE AH SIAMES , YOUR DARK DAY ARE COMING TO BRING YOUR GAY NATION AND YOUR GAY KING TO HELL SOON..
Mr. Yahoo (Yeo) is such a pain in the ass, one day he will be needing us and we will do our best to help him.
I hope the UN will be more serious for our next visit, right now fuck I so disappointed at these people.
How can they treat the invasion of our territory so lightly.
Candyrice next time you come to Asia read about the context of the meeting, because saying one thing yesterday and another thing today, is not very exciting for my brain.
How many provinces we lost to Thailand in the past - like surin etc. Any link? I remember they were 19-20 something. Please go to www.caraweb.org/articles/khmermentality.html. Cambodia has a hidden power however we have to remove completely some of our roots. While our soldiers are in Preah Vihea, one of the RCAF generals here near my house is carrying logs of fine wood in his Lexus and army truck at night to build his villa. Is it that true to the Khmer mentality?
Siam : "Siam robbed many Khmer land" is fair;
"ICJ take 1/1000 piece of these land back to Khmer"is unfair,
sic!
Stupid Chularlonkorn Profesor!
Such a stpud guy it is very funny. If we read from the begiining it sound he has convinced us that Thailand has strong stand to cliam that 'dispute area' as he said belong to Thailand, even in reality it is differnt thing.
When we read more until he said:
"Indeed, the Preah Vihear temple belongs to Cambodia, but the adjacent land should be jointly developed, supervised and managed. While legality gives Cambodia an edge, geography is firmly on Thailand's side"
He destroy everything he said at the begiining. He is contradict himself.
he eheeehehehee so funny DIrector of IR AT CHOULALONGKON UNIVERSITY. HAA
WHAT A SHAME
IS THAT THE THAI BEST UNIVESITY?
how he define geography??
Geography is completely socially constructed so how he know that geography belong to Thailand
he eheheeee
if geography can use to clarify the national boundary then why need treaty on border.
With regard to geographical location, Hong kong, Taiwan, Macao, India, Arica should not be colonized by Europeans, but why these non-European guys sighed treaty with the European and were under European colonization for centuries.
What a stupid political scientist
i cannot imagine
Because of Thai interests, they blind themself as a scientific researcher. Idiot Thai
Once again, the bottom line is: IT IS ALL ABOUT ARROGANCE that results in blind nationalist combatants invading another country by reason of protecting their territory and sovereignty. But let's turn the history pages backward and one should learn that unrelenting wars against humanity had been committed. And now it is happening again. But why can't all eyes see this? Humans are just animals in different form that "good deeds or bad deeds" all come from the unjust tongue commanded by the heart. Conscience is no longer relevant in many human mind. Shameful but truthful
" Over the past century of Preah Vihear controversy, Thailand has never recognised this map but it did accept the ICJ ruling on the temple complex itself. Cambodia's ongoing manoeuvres to claim the adjacent 4.6 square kilometres of territory to be under its sovereignty, are ironically intended to benefit from the fruits of French imperialism, from which the country itself suffered for decades."
- If you claim that France draw the map benefiting Cambodia is called imperialism, How about YOU SIEM invaded and took our provinces should be called as what?
- If Siem Govt. never accepted that map, our govt. can do the same thing by not to accept your present map and we also can reserve right to claim back Surin, Borirum, Sakeo......
- If your idea think that we should joint develop that 4.6 Sqr.Km, we also can propose to Joint developed Surin, Sra keo(Sakeo), Srey Sorke (Sisaket)...
From Bang Cock Post...
I realized that there a lot of stupid Thai out there. This what happened when they twisted everything.
Sad and I feel sorry for them.
Let bring some SIAM leader to entertain us I still enjoy reading their stupid statements and I want keep more record like that.
Whatever you say don't twisted it like Thai (Siamese).
I begin to suspect how Siam got twisted into Thai.
Don't worry this will catch them up sooner or later.
There is no sure thing in law; Loopholes are everywhere, and any lawyer can tell you that. Hence, don't get too excited because you might just weep nonstop afterward.
Yes...........i did some Public International law when doing IR. bUT NO ONE DO LEGAL INTERPRETATIN AS SUCH DONE BY THAIS. no European do such stupid interepretation as that guy from NAIVE CHOLALONGKONG UNIERSITY DID
THAY WHY WE NEE INTERNATIONAL COMMUNITY HE HEEE
Khmer bloods
What is a stupid professor of cholalongkon...did you clean your face before saying some crazy word like this...Mr. crazy Siam..
If the land nerly belong to your siam ..why when the goern, of Cambodia bring the problem to united nation and you siam say don't want...if the land belong to siam i think they will be happy to bring the problem to UN. but they are afraid because they know they will loss the game...hass ha siam crazy and a very very stupid prof. from cholalongkon....what is a crazy university and how they teach students...
Did you read the CIJ and meeting of UNESCO in Canada about the world heritage list of preah Vihear...or 21 countries in the meeting is crazy because they acerpted the request of government of Cambodia or you siam crazy...
Don't do anything more siam..the world now looking carefully about this problem and it is very pity to you siam that try to make problem by yourselt and run away from problem as you don't want UN do this work...
you siam and crazy prof. of crazy univesity....stop now..
Thailand is not scare of ASEAN, UN or ICJ at all.Because The Thai's border was located at Svay Daun Keo as The Thais history recorded.
On the other hand, Thais' Military are stronger and powerful forces than Cambodian. Thais' could wipe out Cambodian' Military in a minute.
We are not scare of ASEAN, UN, ICJ.
We proclaim all Temples are belong to Us.
Satthia,
Thailand.
11:42am
Wow! I Love you, but Khmer will win.
Yes, sure Khmer will win.
To Satthia,
Yes, your history was recorded that Thailand border at our Svay Don Keo, but your histort did not recorded that Thailand stole much land from Khmer. So, this is a fake history invended by robber.
Another one thing, Satthia, Khmer Preah Vihear was built in the time that there was no Siam, Sokhoatey, or Ayuthya as well. At that time may be tribal Siam was in Yunam, China. It's true history recognized by international schoolar, even yours. Pls go and ask Acharn Charnvit Kasetsiri, former rector of Thammasat university. It's clear that all thai are poisoned with false history of education.
Ex-Student in Thailand
I have no idea how this person gain a title as a proffessor in history. Go back and start from scratch again my friend.
To Satthia too
Have you every visited any of the Khmer temples? If you have never done so do not talk about the false history being taught to you. Was King Chayavaraman 7th who built Angkorwat your King? He was our King. How can you say Angkor wat belong to Thailand? Be a little bit human.
Sattia...
Is just a little girl whom lacked or has limited of education. That's why her responded is like a little lost orphan child. Let's not chew her up. She needs to get out of Thailand and do some real research in the international communities. She's just like a frog in a well.
3:35PM
I agree with you. Sattia get out your tightland school, kiss and wipe my ass in a minute, will you?
i know, this is where the real problem started. the UN need to question this chulalongkorn university or whatever for distorting and brain-washed their people from the facts and the truth. look no further than this institution, cambodia. unless they change their anti-cambodia campaign, i don't see any problem extinguished with thailand by cambodia. start teach the correct truth on history, not the way siem thugs invented it. look, cambodia maybe behind thailand in economic and technology or what have you, but we're not that stupid like you people think we are. if thailand want any bilateral talks with cambodia, thailand need to start here, with respecting the international laws and teaching the historic truth as well. otherwise, don't expect cambodia to agree with anything thailand want. it's not going to happen on the life of the planet.
Post a Comment