the international court of justice’s preah vihear temple

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Page 1: The international court of justice’s Preah Vihear temple
Page 2: The international court of justice’s Preah Vihear temple
Page 3: The international court of justice’s Preah Vihear temple
Page 4: The international court of justice’s Preah Vihear temple
Page 5: The international court of justice’s Preah Vihear temple

1904 – According to 1904 agreement, the border would follow the watershed between the countries

1907 – Thai-Cambodian border was mapped by the French on behalf ofa bilateral border commission (Annex I map) (the temple is placed in Cambodia)

That year, Thailand’s prince Damrong accepted the map forofficial.(previously maps has been communicated to the siam’s members of Mixed Commission,who said nothing)

1930 – Thai authorities made their own survey on the site, finding the error.

1940 – French colonial government refused to comply and fightingbroke out along the border (French-Thai War)

7/12/1941 Pearl Harbor and Invasion of Thai by Japanese Army 21/12/1941 – Japanese-Thai Alliance 1953 end of french colonialism in Indocina and independence of

Cambodia 1954 - Thai forces occupied the Temple of Preah Vihear 1962 – Judgement of 15 June 1962 - ICJ

Page 6: The international court of justice’s Preah Vihear temple

“The Court, Finds in consequence, that Thailand is under an

obligation to withdraw any military or police forces, or other guards or keepers, stationed by her at the Temple, or in its vicinity on Cambodian territory; and

That Thailand is under an obligation to restore toCambodia any objects which may, since the date of the occupation of the Temple by Thailand in 1954, have been removed from the Temple or the Temple areae by Thai authorities”

Page 7: The international court of justice’s Preah Vihear temple

Thailand withdrew forces from templeBarbed wire fence divides the Temple ruins from the

rest of the promontory Preah Vihear(Council ofMinisters of Thailand)

1970 Cambodia’s civil war and Viet-Cambodia’s war

1992 first tourists access to the Temple 2007 Cambodia requested that UNESCO inscribes

the site of the Temple of Preah Vihear 2008 Thai suggested joint management of the site,

Cambodia refuses. 2008 World heritage committee inscribes the site

of the temple of P.V. on World Heritage list

Page 8: The international court of justice’s Preah Vihear temple
Page 9: The international court of justice’s Preah Vihear temple

July 15 2008 – cross-border tensions:

protestants attempt to plant Thailand’s flag near

the temple and arrest of Thai people.

16 July 2008 deployiment of Cambodia’s troops

to ensure order and sovereignty of the territory.

2008 -2011 Thai-Cambodia troops clashes.

28 April 2011 Cambodia filed request of

interpretation of the judgement of 1962.

11 Nov.2011 The interpretation of the 1962

Judgment

Page 10: The international court of justice’s Preah Vihear temple

Art.60 of the Statute(of the ICJ) “The judgment is final and without appeal; andIn the event of dispute as to the meaning or scope of the

judgment, the Court shall construe it upon the request of anyparty”

The existence of a dispute

1. Court did or did not reconize the annex I map costituting the border?

2. Meaning of “situated in territory under the sovereignty ofCambodia and it’s vicinity on the cambodia’s border

3. Thailand’s obligation to withdraw from the area of the templeand its vicinity on cambodian territory

Page 11: The international court of justice’s Preah Vihear temple

Art.98 Paragraph1: “in the event of dispute as to

the meaning or scope of a judgment anyparty may make a request for itsinterpretation”

Paragraph 2 (Rules of the Court, requiresa party to indicate in its request forinterpretation)“the precise point or points in dispute as to the meaning or scope of the judgment”

Page 12: The international court of justice’s Preah Vihear temple

Art. 48 Cdt - Vienna Convention on the Law of Treaties

Paragraph 2

Page 13: The international court of justice’s Preah Vihear temple