Borders on the Fantastic: Mimesis, Violence, and Landscape at the Temple of Preah Vihear

1998 ◽  
Vol 32 (4) ◽  
pp. 849-890 ◽  
Author(s):  
P. Cuasay

Peace based on a fallacy is not for the living. The living must and shall demand the truth, for such is the way of nations, and such is the way of man.—Seni Pramoj, speaking at the World Court, March 27, 1962 (Pleadings, 564)On 15 June 1962, the International Court of Justice (ICJ) pronounced judgment on a dispute between Cambodia, formerly a colony of France, and Thailand, formerly called Siam, a neighboring kingdom which had never been formally colonized. The dispute regarded territorial sovereignty over the area of an ancient Brahmanic temple named Preah Vihear (following the Khmer language of Cambodia) or Phra Viharn (following Thai language). The Temple is perched high on a spur of the Dangrek mountain chain which roughly forms the boundary between both countries. North of the Dangrek lies the Khorat Plateau of Northeast Thailand, while to the south the Temple affords a magnificent view of the forested Cambodian plain below. The judgment was peculiar in that it relied upon absence to startling effect. Applying the principle qui tacet consentire videtur si loqui debuisset ac potuisset (Judgment, 23) [He who keeps silent is held to consent if he must and can speak—ibid., 96], ICJ held that Thailand's failure to protest the inaccuracy of a map purporting to reflect the watershed line between the two states, and thus by the Treaty of 1904 the international boundary between them, constituted tacit acceptance of the map line as the line established by treaty.

2014 ◽  
Vol 5 (1) ◽  
pp. 1-6 ◽  
Author(s):  
Simon CHESTERMAN

This essay examines the 2013 Decision by the International Court of Justice interpreting its 1962 Judgment in the Temple of Preah Vihear case between Cambodia and Thailand, situating the more recent decision in the context of the Court's evolving role in Asia. Only eight Asian states have accepted the compulsory jurisdiction of the Court; only nine have ever appeared before it. The narrowness of the recent decision is of interest in part because of the modest role it ascribes to judicial institutions, but also for what this modesty heralds for the Court's status in Asia. A key conclusion is that Asian states are likely to retain a general preference for bilateral resolution of disputes. For smaller disputes, however, especially those concerning subjects that cannot be divided or traded—such as a temple (and, as we shall see, an island)—the ICJ may play an important role.


1960 ◽  
Vol 14 (4) ◽  
pp. 658-658 ◽  

Case concerning the Temple of Preah Vihear (Cambodia v. Thailand): In an order of June 10, 1960, the International Court of Justice, having received the preliminary objections of the government of Thailand to its jurisdiction within the timelimit fixed for the filing of the countermemorial, set July 22, 1960, as the timelimit within which the government of Cambodia might present a written statement of its observations and submissionson the objections.


1960 ◽  
Vol 14 (2) ◽  
pp. 329-329 ◽  

Case concerning the Temple of Preah Vihear (Cambodia v. Thailand): According to an order of December 5, 1959, the International Court of Justice in the case of the Temple of Preah Vihear fixed January 20, i960, as the time limit for filing the memorial of Cambodia, and May 23, 1960, for filing the counter-memorial of Thailand.


1960 ◽  
Vol 14 (1) ◽  
pp. 203-204 ◽  

Case concerning the Temple of Preah Vihear (Cambodia v. Thailand): On October 6, 1959, an application instituting proceedings against the Kingdom of Thailand was filed in the Registry of the Court by the Kingdom of Cambodia. In its application the Kingdom of Cambodia alleged that since 1949 the Kingdom of Thailand had persisted in the occupation of a portion of Cambodian territory—the area surrounding the Temple of Preah Vihear, a sacred place of pilgrimage and worship for the Cambodian people—and that in 1954 it had sent detachments of its armed forces into the territory in question. The Kingdom of Cambodia alleged also that its tide to sovereignty over the land had been established by treaties, that it had effectively exercised territorial powers, and that the Kingdom of Thailand had not performed any acts of sovereignty which would displace them. The Court was thus requested to adjudge whether or not the Kingdom of Thailand was under an obligation to withdraw its troops, and whether or not territorial sovereignty over the Temple of Preah belonged to the Kingdom of Cambodia.


2015 ◽  
Vol 54 (1) ◽  
pp. 53-82 ◽  
Author(s):  
David P. Riesenberg

In 2013, the International Court of Justice (ICJ) rendered judgment in a dispute between Cambodia and Thailand (the 2013 Judgment)1 over the interpretation of the ICJ’s previous decision in the Case Concerning the Temple of Preah Vihear (the 1962 Judgment).2 The parties’ dispute arises from longstanding uncertainty over the location of the territorial boundary between Cambodia and Thailand in the region of the Dangrek Mountains. Neither the original judgment nor its interpretation fully resolves this uncertainty, although together they confirm Cambodia’s sovereignty over the Temple of Preah Vihear and the high promontory on which it stands.


2014 ◽  
Vol 66 (1-2) ◽  
pp. 51-70
Author(s):  
Marko Novakovic ◽  
Mihajlo Vucic

On 11th November 2013, the International Court of Justice issued a judgment regarding the request for Interpretation of the Judgment of 15th June 1962 in the case concerning the Temple of Preah Vihear, a border dispute between the Kingdoms of Cambodia and Thailand. In this article, the authors have elaborated both the original judgment and its recent interpretation. They begin by providing the historical context that led to the dispute before the Court. The main part of the article is dedicated to the legal analysis of the judgment and its interpretation. Special attention is given to the Court?s manner of reasoning and the implications which this manner has for the substantial settlement of the dispute and the clarification of several principles of international law that deal with territorial delimitation between states on natural borders, but also to the wider jurisprudence of the Court in similar instances.


2010 ◽  
Vol 1 (3) ◽  
pp. 317-324 ◽  
Author(s):  
Cymie R. Payne

On April 20, 2010, the International Court of Justice (ICJ) announced its judgment in a high-stakes environmental dispute between Argentina and Uruguay, concerning Uruguay's authorization for pulp mills on the banks of the Uruguay River, which forms the international boundary between the two countries.


2014 ◽  
Vol 66 (3-4) ◽  
pp. 338-352
Author(s):  
Senad Ganic

The Arab-Israeli conflict even today represents one of the most complex problems facing the international community. The biggest controversy of the problem lies in the conflicting interpretations of the reasons offered by both sides. The way to overcome this impasse, is precisely the way recourse to international institutions. For this reason, the surprising fact is, that one very important decision of The International Court of Justice, it seems, remained unjustly neglected, especially if we take into account the importance of the issues which the Court dealt and the beneficial impact that this decision may have in the process of resolving the conflict in the Middle East. We believe that Advisory Opinion on Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory hides the way to a possible solution of this exhausting conflict. To consider because it comes to a legal analysis of the situation, which was given by the authorities in whose objectivity we supposed not to suspect as we supposed not to doubt on the objectivity of international law. Therefore, we consider it important to once again remind the decision, believing that in this way we can help to better understand the nature of this conflict, but also the reasons which indicate its possible peaceful solution.


Sign in / Sign up

Export Citation Format

Share Document