A Change of Guard

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Sunday 12 June 2011

Cambodia's verbal presentation to ICJ holds considerable values

Unknown author
Sent to Khmerization by anonymous

Despite the considerable breadth of the written pleadings typically submitted by Cambodia to the ICJ, oral proceedings may still hold some value as well as symbolic meaning. Amid volumes of written submissions, oral proceedings provide the Cambodia with an opportunity to focus the attention of the judges in a memorable way on the core issues at stake in their dispute.

The most forceful arguments in defence of Thailand that questioning the ICJ jurisdiction, would be inappropriate given Cambodia status as representatives of sovereign States. sovereign States should not be denied the opportunity to present their arguments to the fullest extent.

[Thailand can not threaten a sovereign State, saying that their case will not be heard to the end in the way it wishes.]

The ICJ’s deferential attitude towards State sovereignty reflects its status as the principal judicial organ of the United Nations, an institution based on the principle of the sovereign equality of all of its members and the protection of their territorial integrity and political independence.In keeping with an institution whose Charter precludes it from authorizing interventions in matters which are essentially within a State’s domestic jurisdiction, the ICJ refrains, generally speaking, from adopting procedures which would in any way restrict the exercise of State sovereignty.

1 comment:

Anonymous said...

Thailand bully even inside the courtroom.