By Bora Touch
Unlike Cambodia, Thailand is not a compulsory member of the World Court. Cambodia thus cannot take Thailand to the Court if Thailand does not want that to happen. The fact that currently Thailand does not want the UN Security Council to be involved in the current crisis suggests that it ain't going to agree to go to any Court or Tribunal. Thailand has no case. Remember that back in 1960s when Cambodia took her to Court in 1959, Thailand was fighting to get out of the Court's jurisdiction claiming that Thailand was not validly a compulsory member of the Court. The World Court disagreed and the merit proceedings commenced resulting in the 15 June 1962 Judgment for Cambodia. Thailand thereafter withdrew its compulsory membership. With its military and economic might, Thailand has a much better chance of getting whatever it wants. This is why it is forcing bilateral negotiations with Cambodia. Hun Sen/Cambodia's statement is a political statement and also indicates that ASEAN is not effective, never will, and Thailand is not accepting the legal reality on the ground.
Touch Bora
Touch Bora
4 comments:
Cambodia cannot take Thailand to the Court but Cambodia can take Thailand to the United Nation Council. Thailand not only violated the International Court's notice, but also the Paris Agreement in 1991. Don't forget that Thailand is a United Nation's member. If Thailand doesn't respect the United Nation's policy. What's going on next?
Thais dare to fight against the United Nations?
It's impossible.
Cambodia can take Thailand to the United Nations Council...
After Thailand lost the 1962 case against Cambodia it withdrew its membership from the World Court. But Cambodia can go to the UN. This might be a problem as well because the UN thinks that Cambodia's problems with Thailand is not serious enough to warrant a UN intervention. They have told Cambodia before and is still telling Cambodia now that they want a bilateral solution to the crisis. So what is the solution for Cambodia considering that Thailand is unwilling to resolve the crisis by negotiations and instead it continues to violate Cambodian territories everyday? I think armed conflict might not be able to be prevented.
It depends how one persuade and the permanent UN security members' perception on the issue. if the two main players [US and China] can see through what's happended here then there will be a good chance that UN and ASEAN intervention push Thailand to back off from its aggression and have honest, open dialogue to resolve the border issue once for all.
Believed Thailand did not want such intervention and at the same time knowing that they could not achieve much through such aggression however the domestic unrest couple with opportunity seeking by Thai army generals seemed to have the upper hand for the time being but in the long run will bring their country down to a serious consequences.
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