A Change of Guard

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Friday 10 May 2013

[Thailand said] ICJ tipped to 'decline to rule'

Published: 10 May 2013 
Bangkok Post
Writer: Thanida Tansubhapol 

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.

2 comments:

Anonymous said...

I say if Cambodia wins the Preah Vihear case, the Siam thieves should reform their educational program to teach the young Siam thieves of learning the truth about the neighbours property.

And if Thailand wins the Preah Vihear case, then the Siam thieves should return all the Khmer Temples inside of Thailand to Cambodia.

This way the Siam thieves will learn their lesson, and more to come.

Anonymous said...

If our low life, manipulative, greed,selfish, son of a Bankcock whores, twisted history people's were so sure they the UN ICJ will not rule on Cambodia requested. Here are my questions:

1. Why are they kept asking Khmers to drop the request at ICJ and unstead jointly developed these areas around Prasat Preah Vihear.

2. Why are they wanted so bad to leave for the joint border committees to settle the differences. When the Siam will always use their stronger military to intimidated Cambodia.

3. If A KA PEK ( Siam) so sure they are winning why are they so willing to joint develop these areas when they think it's their territories. SIAM WILL NEVER SHARE ANYTHING THAT IS VALUES WITH KHMERS THROUGH OUT HISTORY. They are always looking for ways to destroy Khmer civilization.

4. Why do they think the JBC can solve border disputes when A KA PEK were using their illegal unilateral drawn map that curved out our
territories in their favor. While Khmers are using the International recognized legal Franco- Siam 1908 ANNEX I MAP. It's can only be solved if Siam go back and use the real ANNEX I MAP. I highly doubt Siam ever going to use this legal map.