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10 May 2013
Bangkok Post
A legal expert is predicting the International Court of Justice (ICJ) will decline to rule on the disputed "vicinity" area around the Preah Vihear temple.
Thammasat University law lecturer Jaturon Tirawat told a seminar yesterday Thailand had several advantages in the case that place it in a stronger position than Cambodia.
Cambodia asked the ICJ in 2011 to interpret its 1962 ruling on the Preah Vihear dispute. That judgement awarded the temple itself to Cambodia, but did not rule on the area around the temple.
Thailand and Cambodia presented oral statements to The Hague-based court on April 15-19. A decision is expected in October.
Mr Jaturon said it was rare for a winning party to return to the ICJ to seek an interpretation of a ruling, and the court may look on this unfavourably.
The judges may see this as a case of the winning party wanting to gain more, Mr Jaturon told the "Preah Vihear Temple Case: Looking Ahead" seminar organised by Chulalongkorn University's faculty of law yesterday.
The time gap between the original case and the interpretation request also makes it difficult for the judges, as the original decision was made by a different panel more than half a century ago, Mr Jaturon said.
If Cambodia made the request within three years of the 1962 ruling, he said, things would be different as the judges who made the ruling would have been able to explain the verdict.
The current judges would have to be careful about interpreting a case which they had not personally ruled on previously, he said.
In addition, under ICJ regulations classified documents can be disclosed after 50 years. This means Thailand was able to use many important documents to support its argument during last month's oral hearing.
The academic said he was confident the ICJ would not deliver a ruling on the 4.6-square-kilometre disputed area as requested by Cambodia.
Former foreign minister Surakiart Sathirathai urged both countries to turn conflict into cooperation.
He suggested Cambodia withdraw its request from the court and that both countries jointly develop the temple as a tourist site. They could then leave the border problems to be settled by the Joint Boundary Commission, he said.
"The withdrawal of the case from the court could be done after the Cambodian general election on July 28 in order not to affect the election results," Mr Surakiart suggested.
10 comments:
Mr. Jaturon Tirawat please go back to school and ask your government to rewrite the history of Thailand, because you were educated most of the time by the wrong history.
It is rare indeed because the losing party is Thailand?
It is rare because Thailand used stole Cambodian territory and moved their border along Preah Vihear and other areas deep into Cambodia while Cambodia was engaged in civil wars. And When Cambodia demanded Thailand to withdraw, the latter never did but used countless groundless tactics to occupy the areas, including using unilaterally-drawn maps, military forces, crooked businesses, twisted history, etc.
Mr Jaturon,would you like you share your property with me,your house,your wife,your childrens? Whatever you have in your possession now share with m, will you? If your answer is yes,then you can tell Cambodia to shares her Preah Vihea with your country.Cambodia owned the land and the Temple ICJ knew that it the fact.Thailand has zero advantage on this dispute about land around the Temple.
Mr Jaturon,your country stole khmers' land called Surin,Boriram,sakeo,Chunbori,and more from Cambodia,did you aware of that Sir? Cambodia will never share anything with your country,your country lost in 1962 then,will lose again in 2013.
Kmenhwatt
Thailand, a Buddhist country, was, is and still plan doing things against the teaching of the Buddha. Siam governments, one after another never leave its smaller neighbor country Cambodia at peace.
The bad karma will bring back bad luck for this country.
Just ask the Khmer people around the Preah Vihea area, like Surin, they will tell the real story; Who is Who, and What belongs to Whom.
Siam has been, is and will always be a province of Greater Cambodia.
Thailand formerly Cambodia. If you visit Thailand, there's lot of Khmer temples in Thailand. And if you want to learn to speak Thai, it is easy, Thai landguage came from Khmer. Thai copied words and writing from Khmer. I can speak Thai easy, I learn it by myself.
Of course the losing party would be Thailand back in June 15,1962, but if Cambodia is insisting on ICJ translating its entirety of the case, then rules are rules and Cambodia has to be very careful in what they are asking. But if Cambodia is only asking ICJ to translate on that specific piece of land around Preah Vihear which constituted to be around 4.6km then Cambodia must do it in ways where it will not jeopardize the case as a whole. Remember, Thailand is an opportunist nation and it seeks for every loopholes, weak spots, place where Thailand can benefit from and Thailand will certainly have all the wealth to argue with Cambodia at the Hague. In addition, those judges that are sitting at the bench now are not judges that rendered its decision back in June 15, 1962. If in any shape or form, Cambodia pushes the wrong button, ICJ will retaliate against Cambodia as the guilty party. The contemptuous of the court means you are challenging their ruling and this could place Cambodia in a bad term with the court. But if we have the best international legal experts on our side then there should not be any problem, but let us say we are not. What then one might ask? Remember, this case has been over 50 years old and the current judges who are sitting at the bench now will not take their time to do a precise research as it had been done in the past, specially when it comes to a country like Cambodia. So the atmosphere at the Hague must not be contemptuous or else, we shall never see the end of this case. Remember our history, Cambodia has never been on good terms when it comes to international relations among super power nations. At the end, even these judges are human just like us and as human, we are vulnerable to corruptions, weak of the mind and the human spirit might be there for us as a nation.
This is my 2 Cents and a matter of opinion.
Phnom Penh Post
You need to go back to school to learn of world history and international laws governed boundaries between disputed states.
ICJ Article 60 allowed both parties to ask the court to reconvented if both parties had any disputes arrived from the verdict ( NO TIME FRAME) . In this case my country Cambodia won 1962 ICJ regarding Prasat Preah Vihear. ICJ ruled on the main evidences ANNEX I FRANCO- SIAM 1907 Boundary Treaties. Cambodia didn't ask for the new Case, Khmer ONLY ask for interpretation on the same case because the court ruled base on ANNEX I map NOT SIAM UNILATERAL DRAWN MAP which was drawn by A KA PEK ( SIAM ) own Council of Ministers right after they lost the UN case in 1962.
You should read the above article again and again until you have completely understood the whole point being said before offering an advice. Although the court has ruled by using the Annex I Map from 1907, but you have forgotten the agreement made in 1904 between France and Siam. The only reason why Thailand loses to Cambodia it was because of Prince Domrong who did not contested the ruling when he visited Preah Vihear. If Prince Domrong would have opened his mouth and contested the ruling then Cambodia and Thailand would have gone back to the court before the ruling of June 15, 1962. It was the French Commission who invited Prince Domrong to Preah Vihear while King Sihanouk was also presented at the time. I think the year was in 1934. To have Annex I Franco - Siam 1907 it began with Franco - Siam 1904 Treaty. I would not advise you to do a research, but before you speak you need to verify your fact of how it started. Cambodia has already been a deadlock position of losing its identity prior to King Aung Duong secretly written letters to Napoleon III behind the scene, but Napoleon III did not even care to make a response to King Aung Duong. Instead Napoleon sent one of his General to deal with Cambodia and Thailand. This is why Cambodia became a Protectorate before turing into French Colony. I too am Khmer, but if we do not know what we are asking the court to do, this could become back fire on our country. Read my article again if you do not understand then ask. This is all you have to do just ask.
Phnom Penh Post
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