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    Cambodia V Thailand

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    Larissa
    The Temple of Preah Vihear stood on the border of Cambodia and Thailand according to maps created in the early 1900s to delineate the border. Thailand claimed the maps were not binding as they were not approved by the joint border commission, but the court concluded that Thailand had acquiesced to the maps by not objecting for 50 years. As Thailand had accepted the maps placing the temple in Cambodia, it was obligated to withdraw forces from the temple and return any artifacts removed since occupying the site in 1954.

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    Cambodia V Thailand

    Uploaded by

    Larissa
    51 views1 page
    The Temple of Preah Vihear stood on the border of Cambodia and Thailand according to maps created in the early 1900s to delineate the border. Thailand claimed the maps were not binding as they were not approved by the joint border commission, but the court concluded that Thailand had acquiesced to the maps by not objecting for 50 years. As Thailand had accepted the maps placing the temple in Cambodia, it was obligated to withdraw forces from the temple and return any artifacts removed since occupying the site in 1954.

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    Cambodia v Thailand

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    The Temple of Preah Vihear stood on the border of Cambodia and Thailand according to maps created in the early 1900s to delineate the border. Thailand claimed the maps were not binding as they were not approved by the joint border commission, but the court concluded that Thailand had acquiesced to the maps by not objecting for 50 years. As Thailand had accepted the maps placing the temple in Cambodia, it was obligated to withdraw forces from the temple and return any artifacts removed since occupying the site in 1954.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    51 views1 page

    Cambodia V Thailand

    Uploaded by

    Larissa
    The Temple of Preah Vihear stood on the border of Cambodia and Thailand according to maps created in the early 1900s to delineate the border. Thailand claimed the maps were not binding as they were not approved by the joint border commission, but the court concluded that Thailand had acquiesced to the maps by not objecting for 50 years. As Thailand had accepted the maps placing the temple in Cambodia, it was obligated to withdraw forces from the temple and return any artifacts removed since occupying the site in 1954.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    CAMBODIA v THAILAND

    Case concerning the Temple of Preah Vihear

    Topic: Modes of Acquisition

    FACTS:

    The Temple of Preah Vihear stood on a promontory of the Dangrek range of mountains which
    constituted the boundary between Cambodia and Thailand. The dispute had its fons et origo in
    the boundary settlements made in the period 1904-1908 between France, then conducting the
    foreign relations of Indo-China, and Siam (Thailand). The application of the Treaty of 1904 was,
    in particular, involved. That Treaty established the general character of the frontier the exact
    boundary of which was to be delimited by a Franco-Siamese Mixed Commission. In the
    eastern sector of the Dangrek range, in which Preah Vihear was situated, the frontier was to
    follow the watershed line. The Presidents of the French and Siamese sections traveled along
    the Dangrek range in order to make the survey of the eastern part of the range. The boundary
    line was established and a map was prepared by the French officials. The map showed
    Temple of Preah Vihear on the Cambodian side. The map was never formally approved by the
    Mixed Commission as it ceased to function sometime before the creation of the map. Since
    there was no reaction on the part of the Siamese authorities, either then or for many years,
    they must be held to have acquiesced. The maps were moreover communicated to the
    Siamese members of the Mixed Commission, who said nothing. Basta sinasabi dito na
    maraming chance yung Thailand na mag-object sa map pero di nila ginawa. Thailand had
    nevertheless continued also to use and indeed to publish maps showing Preah Vihear as lying
    in Cambodia. If the Siamese authorities accepted the Annex I map without investigation, they
    could not now plead any error vitiating the reality of their consent. The natural inference was
    that she had accepted the frontier at Preah Vihear as it was drawn on the map. Thailand
    contended that the map has no binding effect not being made by the Mixed Commission.

    ISSUE: W/N Thailand may claim the Temple of Preah Vihear as part of its territory

    HELD: NO.

    The court concluded that Thailand had accepted the Annex I map (yung nasa Cambodia side
    yung Temple).

    Thailand was not precluded from asserting that she had not accepted it since France and
    Cambodia had relied upon her acceptance and she had for fifty years enjoyed such benefits as
    the Treaty of 1904 has conferred on her. Estopped na yung Thailand.

    As a result, Thailand was 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.
    Furthermore, Thailand was under an obligation to restore to Cambodia any sculptures, stelae,
    fragments of monuments, sandstone model and ancient pottery which might, since the date of
    the occupation of the Temple by Thailand in 1954, have been removed from the Temple or the
    Temple area by the Thai authorities.

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