By Avudh Panananda
The Nation
ANALYSIS
The dispute over the vicinity of Preah Vihear Temple will forever be a nightmare unless Thailand can form a common stand to negotiate with Cambodia.
Without a consensus in society, even the International Court of Justice may not be able to bring about a successful conclusion to the long-festering dispute.
And the country is likely to plunge deeper into misery if and when the ICJ issues interpretation of the 1962 judgement concerning Preah Vihear.
Presently attention is being focused on the ICJ's order for provisional measures, particularly the provisional demilitarised zone and the withdrawal of Thai and Cambodian military personnel.
But the ICJ's order goes beyond provisional measures. By an unanimous decision, the 16 presiding judges rejected Thailand's request for dismissal.
This means the ICJ will proceed to interpret the 1962 judgement as per the Cambodian request.
Following two public hearings in May, the judges have outlined interpretation to cover three issues.
First issue is the meaning and scope of Preah Vihear vicinity on Cambodian territory. At issue is not the precinct of the temple but its vicinity.
Thailand contends instantaneous compliance on the judgement pertaining to vicinity on the Cambodian side of the frontier. But the two countries appear to have differing views on frontier and vicinity.
Second issue is whether the obligation for troops withdrawal imposed on Thailand in 1962 is of the continuing or instantaneous character.
Legal jargon aside, the ICJ is about to interpret whether Thailand was right to remove troops from certain areas but keep on the deployment at other areas surrounding the temple.
Third issue is whether the 1962 judgement did or did not recognise with binding force the line shown on the map (drawn up in 1907 by the Franco-Siamese Mixed Commission) as representing the frontier between Cambodia and Thailand.
Interpretation on this last issue is most critical because the ICJ will either validate or invalidate Thailand's claim in regard to the Thai-Cambodian borders pertaining to the temple.
If Thailand continues to allow partiship and domestic political rivalry to cloud judgement, then the prospects for two neighbouring countries to achieve a win-win solution is virtually nil with or without the ICJ's interpretation and provisional measures.
All sides, particularly the rival Democrat and Pheu Thai parties, must form consensus on how to handle the temple's vicinity, otherwise the country may end up an outcast in the international community.
8 comments:
siem thugs got the american judge to vote for them 1 to 15 in favor of cambodia justice and the existing law that govern. after all the american judge, i think her name was judge joan donoghue, vote in favor of siem thugs, well, that's because she is a criminal defense lawyer befor becoming a judge. if you know anything about criminal lawyer, they defense the criminal, even though they know it was wrong, well, it has someting to do with the constitution in american system, but has nothing to do with icj judgment, though! siem thugs do need a criminal lawyer to defend them. well, 1 to 15 votes is still making cambodia a favorable plainfiff. god bless cambodia and the law is on khmer side. thank you god for having the rule of law in this world or people like thugs will be no different from the animal world out there, you know!
"All sides, particularly the rival Democrat and Pheu Thai parties, must form consensus on how to handle the temple's vicinity, otherwise the country may end up an outcast in the international community."
=This is the most stupid analysis that I have ever read! If the Siem leaders just obey international law and order and stop using their unilateral map to justify their invasion of Cambodia and have respect for other country property then Thai leaders will not be looked upon as an outcast or thuggish but as civilized and respected leader among international community!
Stop dragging Pheu Thai party into another conflict which Thailand can’t afford! Pheu Thai represent the will, the wish, and the power of the Thai people to bring back Thailand from the brink of civil war due to political infighting and chaos back to peace and stability which was lost due to AH Abishit misguided chauvinistic and belligerent politic toward Cambodia!
give it up ahbullshit! the world can never let siem pad thugs like you and your kashit keep violating the law, ok! just give it up, it is fruitless. go back to talk with your criminal lawyer, judge joan donoghue, before she changes her mind, too, ok!
Cambodia Town
Long Beach,Ca
We knew that Abhisit Vijjajva the clown administration will be defeat on Preah vihear issued, in any occassion.
New Phally
AH Abishit is responsible for mislead his people, and his evil administration turn his country upside down. Shame on him.
WE CANNOT HAVE PEACE BECAUSE WE DO NOT LOVE EACH OTHER AND OUR NEIGBOUR BECAUSE WE DO NOT HAVE GOD IN OUR HEART. LET GO TO GOD AND WE WILL GET PEACE AND TRANQUILITY AS HE PROMISES.
i know, the law is siem thugs' nightmare!
*Help yourself,God will help you.
*Aide-toi,le ciel t'aidera.
*ជួយខ្លួនឯងសិន ទើបព្រះជួយអ្នក។
Will Thai nation grows and dies
out?Time will tell.
Will the world superpowers arise
and fall apart?Russia.
How About the greedy Vietnam fall
apart?
Yes,it is so true. Hmong,Montagnards,Chams,
Khmer Krom rise up against it.
Thai was born in 1238AD-2011AD;
Will this kingdom fall one day?
None of kingdoms lasts forever.
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