Temple of Preah Vihear (Cambodia v. Thailand, 1962, ICJ)

Temple of Preah Vihear (Cambodia v. Thailand, 1962, ICJ)

Principle: International law uses of principle of equity, which is a principle of law used in civilized nation and international law adopted the same.

Fact: Preah temple was an ancient and significant temple due to its cultural and historical value. It was situated in the border of Thailand and Combodia. Though Thailand was the historical owner of that area but in 1904 when Combodia was a colony of French they came to an agreement with Thailand; they agreed to divide the border according to the watershed. After that, A French – Siamiz (now known as Thailand) commission they drew a detail map of the border where thought by mistake but very clearly marked the Preah Vihear in the territory of Combodia, Thai Government never object after officially receiving that map. Later, after several years when Thai Prince went to visited that Temple he sow the French Flag over the temple but did not raise any objection.

The main objection came by Thailand when UNESCO declared The Preah Viher as a world heritage and thus take million dollar project to save it, they demanded it as their land and put some military personal  on the other hand Combodia rejected that claim. On gradual dispute it went to International Court of Justice.

Issue: Whether combodia had sovereignty over the territory of preah Vihar?

Decision: Cambodia had sovereignty over the whole territory of the promontory of Preah Vihear and that, in consequence, Thailand was under an obligation to withdraw from that territory the Thai military or police forces.

Reasoning: The commission that marked the map finally was a joint commission form both party and both of the party adopted the same without any objection therefore combodia had sovereignty over that area according to their treaty.

Rayhanul Islam

The author is an original thinker; often challenges the regular rule of conduct considering various perspective on the basis of scientific reasoning to ensure the peace and prosperity of the society. He works as freelancer advocate and promotes legal knowledge and human right concept to the root level. The author is also a tech enthusiast and web developer, he loves psychology as well.

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