CAMBODIA v. THAILAND (Temple of Preah Vihear)
(Matter in issue territorial sovereignty)
The Temple of Preah Vihear is an ancient sanctuary Hindu Shrine situated in the Eastern sector of the Dangrek range of mountains, at the southern border of Cambodia and northern border of Thailand. The primary issue in this case is that both countries claimed territorial sovereignty over this area. Before Cambodia attained independence in 1953, it was a part of French Indo-China and France conducted foreign relations as the protecting power. The ‘fon et origo’ of the dispute is the boundary settlement made in the period 1904- 1908. Between France and Siam . The Boundary Treaty dated February 13, 1904 laid down the rules and procedures determining the …show more content…
In 1954 Cambodia sent two notes to the Government of Thailand to either withdraw troops or clear its claim over the area. The government of Thailand did not respond to them, subsequently in 1958, a conference was held at Bangkok between Thailand and Cambodia, however upon refusal of discussion on legal matters by Thai representatives, the negotiations broke …show more content…
The court however sought to determine if the maps had binding character by ascertaining of the governments adopted these departures. There is compelling evidence to support that the Governments adopted the maps in which area of Preah Vihear lies in Cambodia. Thus the court concluded that Thailand Accepted the Annex 1 Map in 1908-09. To this Thailand contended that its act on ground were sufficient proof of its sovereignty over the area. The court however found that local authorities and not the Central Siamese authorities had committed these acts on ground. The court in its final judgment held that acts on ground did not sufficiently negate previous treaties and public declarations in which Thailand accepted Preah Vihear to be a part of Cambodia. Further the court declared that in spite of lack of information to how the Annex 1 map was derived it is valid, as multiple treaties had been signed on that account. The court reasoned that the primary object while establishing frontier lines between countries is to achieve stability and finality, which in this case was achieved in 1907, 1937 and again in the Settlement agreement of November 1946. In a 9 to 3 opinion the court declared that the ruins of the Temple of Preah Vihear and its vicinity actually was in the sovereign territory of Cambodia and that
(Matter in issue territorial sovereignty)
The Temple of Preah Vihear is an ancient sanctuary Hindu Shrine situated in the Eastern sector of the Dangrek range of mountains, at the southern border of Cambodia and northern border of Thailand. The primary issue in this case is that both countries claimed territorial sovereignty over this area. Before Cambodia attained independence in 1953, it was a part of French Indo-China and France conducted foreign relations as the protecting power. The ‘fon et origo’ of the dispute is the boundary settlement made in the period 1904- 1908. Between France and Siam . The Boundary Treaty dated February 13, 1904 laid down the rules and procedures determining the …show more content…
In 1954 Cambodia sent two notes to the Government of Thailand to either withdraw troops or clear its claim over the area. The government of Thailand did not respond to them, subsequently in 1958, a conference was held at Bangkok between Thailand and Cambodia, however upon refusal of discussion on legal matters by Thai representatives, the negotiations broke …show more content…
The court however sought to determine if the maps had binding character by ascertaining of the governments adopted these departures. There is compelling evidence to support that the Governments adopted the maps in which area of Preah Vihear lies in Cambodia. Thus the court concluded that Thailand Accepted the Annex 1 Map in 1908-09. To this Thailand contended that its act on ground were sufficient proof of its sovereignty over the area. The court however found that local authorities and not the Central Siamese authorities had committed these acts on ground. The court in its final judgment held that acts on ground did not sufficiently negate previous treaties and public declarations in which Thailand accepted Preah Vihear to be a part of Cambodia. Further the court declared that in spite of lack of information to how the Annex 1 map was derived it is valid, as multiple treaties had been signed on that account. The court reasoned that the primary object while establishing frontier lines between countries is to achieve stability and finality, which in this case was achieved in 1907, 1937 and again in the Settlement agreement of November 1946. In a 9 to 3 opinion the court declared that the ruins of the Temple of Preah Vihear and its vicinity actually was in the sovereign territory of Cambodia and that