Cabinet Resolution On Preah Vihear Temple Cancelled By Court Order

[webfact]

Cabinet resolution on Preah Vihear Temple cancelled by court order

By The Nation

The Central Administrative Court on Wednesday ruled to nullify a Cabinet resolution under the Samak Sundaravej government related to the Cambodian registration of Preah Vihear Temple as a World Heritage Site.

Last year the Samak government authorised its foreign minister Noppadon Patama to sign a memorandum of understanding related to the overlapping borders surrounding the temple.

The People's Alliance for Democracy cried foul on the ground that the MOU and its attached map would tantamount to conceding the Thai territory to Cambodia.

A group of 13 PAD complainants filed an administrative lawsuit seeking to nullify the authorisation for signing the MOU. They also sought and received the court injunction to put the Cabinet resolution and the MOU on hold pending the completion of judicial review.

In the verdict, the court ordered the cancellation of the Cabinet resolution after finding that the Samak government failed to follow the procedures prescribed for international negotiations impacting on the borders.

Under the Constitution and relevant laws, such negotiations must be done under the legislative scrutiny. But the Samak government bypassed Parliament and tried to push through the MOU without consulting with the Council of State.

Reacting to court victory, prosecution lawyer Nitithorn Lamluan said the PAD plans to petition the National Counter Corruption Commission to look into the misconduct of office holders involved in the wrongful Cabinet resolution.

-- The Nation 2009/12/30

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[animatic]

Not a surprising conclusion.

[BanTamo]

This issue was resolved over 40 years ago at Den Hague. The temple is on Khmer territory. Nothing to resolve anymore.

[eggomaniac]

While the PAD's involved appear to be raving patriots of Thailand they are actually cutting Thailand's throat.

The agreement that was reached gives Cambodia the World Heritage Site, to maintain and upkeep. Thailand was to get all of the surrounding land where shops and lodgings are allowed.

Another important, very important, factor is now Cambodia can have the World Court look at the REAL border, which is the high altitude line that runs kilometers back from the cliff. The line the french drew at the edge of the cliff, with the little jog in for the Temple, highly favors Thailand, and will not hold up to scrutiny.

Thailand had a great deal and PAD 13 burnt it!!!

They should fall on their swords when the World Court uses the Real Test, which is the high altitude line, averaging 6 to 10 kms back from the cliff.!!!

[The cliff edge is an overhang in many parts and not a suitable International Border.]

Thailand had the cookie jar and honey pot, Samak had a GREAT deal.

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Oh, keep an eye on Cambodia and Ko Chang. If the 10 land owners are not given the written deeds to the land they are claiming, Cambodia can then claim the Island. Without the private ownership of Thai citizens, a World Court would easily rule Ko Chang over to Cambodia.

Edited December 30, 2009 by eggomaniac

[bangon04]

This issue was resolved over 40 years ago at Den Hague. The temple is on Khmer territory. Nothing to resolve anymore.

Yes, didn't Thailand give up its claim by default - couldn't be bothered to contest it at the time, so the French steamrollered it through? Or maybe someone got paid to sign it over that time...

Edited December 30, 2009 by bangon04

[Oberkommando]

Is there no end to this Nationalistic chest-thumping from the right wing zealots in the PAD?

Tiresome, it has become.

[animatic]

Regardless if PAD instigate it or not, this applies:

In the verdict, the court ordered the cancellation of the Cabinet resolution after finding that the

Samak government failed to follow the procedures prescribed for international negotiations impacting on the borders.

Under the Constitution and relevant laws,

such negotiations must be done under the legislative scrutiny.

But the Samak government bypassed Parliament and tried to push through the MOU

without consulting with the Council of State.

[Oberkommando]

Regardless if PAD instigate it or not, this applies:

In the verdict, the court ordered the cancellation of the Cabinet resolution after finding that the

Samak government failed to follow the procedures prescribed for international negotiations impacting on the borders.

Under the Constitution and relevant laws,

such negotiations must be done under the legislative scrutiny.

But the Samak government bypassed Parliament and tried to push through the MOU

without consulting with the Council of State.

There is nothing to negotiate, the temple was awarded to Cambodia by the International Court of Justice in 1962.

The temple itself was built before Thailand or Siam even existed, it is Khmer and will remain Khmer unless Thailand tries to use military force, which it did before in 1954, before being removed (correctly, I may add) by the International Community.

History is repeating itself it would seem.

[scotbeve]

Is there no end to this Nationalistic chest-thumping from the right wing zealots in the PAD?

Tiresome, it has become.

Yes Ober... extremely tiresome. On a latteral topic: what became of the (pittance) lawsuit that Thai Airways put forward to the 36 PAD clowns? Lateral being - the uninformed/unmitigated gall of these clowns pulling an administrative suit on Samak's administration!

[eggomaniac]

This issue was resolved over 40 years ago at Den Hague. The temple is on Khmer territory. Nothing to resolve anymore.

Yes, didn't Thailand give up its claim by default - couldn't be bothered to contest it at the time, so the French steamrollered it through? Or maybe someone got paid to sign it over that time...

accurate assesment, only reverse the order. The French ran the border line, [which highly favored Thailand because it followed the cliff and not the high altitude line]

It was after that Thailand defaulted on several occasions to claim the temple. [maybe they were smart enough to know they already had Cambodian territory!? The French were probably paid to run the border along the cliff and add the Temple to not bring attention to the innacurate line]

Just Google Earth it and look for the watershed boundary line, NOT the cliff edge. A Thai/Chinese University Professor of Linguistics explained this line to me and he got his information from a high ranking Military friend of his.

There ARE high ranking Thais who know the Samak deal was huge, large, big win for Thailand.

It's more than hilarious that an anti Thaksin group handed Cambodia and Thaksin a loaded gun by killing the Samak agreement.

They WANT the World Court to look at it!? sheesh

What is the old expression? > Be careful what you ask for!

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Don't misconstrue my Comments either support and not support Thaksin, or supprt or not support PAD.

On this particular Issue PAD has hurt Thai interests!

Edited December 31, 2009 by eggomaniac

[animatic]

You can harp on the word negotiations all you like.

Samak's cabinet tried to 'implement international policy'

illegally under Thailand law. And it was thrown out for that reason.

The word singled out word 'negotiations' is meaningless in this context.

[Oberkommando]

You can harp on the word negotiations all you like.

Samak's cabinet tried to 'implement international policy'

illegally under Thailand law. And it was thrown out for that reason.

The word singled out word 'negotiations' is meaningless in this context.

The Thai ultra nationalists such as the PAD, certain groups of the military and their ilk are the only ones that were unsatisfied with the Samak cabinet decision, which was perfectly fine, as it pertained only to the temple itself and not the surrounding 'disputed' land. Cambodia withdrew their initial submission proposal after protest from the Thais about the surrounding land. Once this issue was resolved, the application was accepted by the Thai government and the Samak Cabinet and submitted to UNESCO by Cambodia.

Only now, after pressure from the nationalists and violent protests by the PAD have the courts been used to try to recoup the actual temple for Thailand, when clearly it does not belong to Thailand. As an earlier poster points out, they had a great deal, but they have now shot themselves firmly in the foot.

[scotbeve]

You can harp on the word negotiations all you like.

Samak's cabinet tried to 'implement international policy'

illegally under Thailand law. And it was thrown out for that reason.

The word singled out word 'negotiations' is meaningless in this context.

The Thai ultra nationalists such as the PAD, certain groups of the military and their ilk are the only ones that were unsatisfied with the Samak cabinet decision, which was perfectly fine, as it pertained only to the temple itself and not the surrounding 'disputed' land. Cambodia withdrew their initial submission proposal after protest from the Thais about the surrounding land. Once this issue was resolved, the application was accepted by the Thai government and the Samak Cabinet and submitted to UNESCO by Cambodia.

Only now, after pressure from the nationalists and violent protests by the PAD have the courts been used to try to recoup the actual temple for Thailand, when clearly it does not belong to Thailand. As an earlier poster points out, they had a great deal, but they have now shot themselves firmly in the foot.

This thread is getting very interesting!

[animatic]

Very simple,

PAD is a side issue, the temple is a side issue,

Thaksin's remote control of that cabinet and ties to Cambodia and the oil deals

is a side issue too.

The fact the Cabinet ignored it's own legislated rules of operation

and just did what ever they wanted to is the real point here.

The cabinet broke Thailand's laws.

That is the real issue of this ruling and sidetracking it for anti-PAD rants doesn't change the facts.

Edited January 1, 2010 by animatic

[eggomaniac]

Very simple,

PAD is a side issue, the temple is a side issue,

Thaksin's remote control of that cabinet and ties to Cambodia and the oil deals

is a side issue too.

The fact the Cabinet ignored it's own legislated rules of operation

and just did what ever they wanted to is the real point here.

The cabinet broke Thailand's laws.

That is the real issue of this ruling and sidetracking it for anti-PAD rants doesn't change the facts.

cripes animatic, not one Poster disagreed the Samak outcome was illegal, under the the rules of Thailand's 18th Constitution.

So from a point of an OP there is not supposed to be 'discussion' around the ISSUE!?

Why have a Forum in that case???

OKAY it was an illegal decision, as stated in the OP, but it was a GOOD decision for Thailand. With Thailand, Cambodia, and the World agreeing, why not just take the prize? If Camodia later realises they lost the water shed rights, how could they fight back.???

Now PAD has opened the door for a NEW look at the situation.

If you think I have to start a new Topic and claim we can only bow down to one point, the decision was illegal, we have an entirely different concept of Forums.

One question to you, germane to the DISCUSSION > Do you believe the Temple is on Thai or Cambodian land? I agree the GOOD decision was illegal, but there is way more to the whole story than that one nugget.

Perhaps Thaksin paid the 13 to protest the decision!?

[animatic]

I think the issue of this story was being clouded for partisan RED/YELLOW reasons.

And so I objected to that.

I think the temple is Khmer and has been for a millennium.

Many Thais are Khmer and many Cambodians and Laotians too.

So I think it is nationalistic idiocy to be fighting over it at all.

Even if France drew the line 100 years ago.

But that's what semi-mature nations do, till they sort their acts out.

Thailand had plenty of time to disagree the last round of

International mediated boundary negotiations, and they dropped the ball,

and thus bringing it up now is ridiculous.

But in the context of a bargining piece for 'oil rights territorial fighting',

it makes a little sense, not much.

All that is not close to the topic which is for me more interesting,.

Not PAD's maneuvering, but Thaksin's Samak /PPP Cabinet, and Noppadom,

being such idiots about what they could or could not do in their seats as national leaders.

It was either arrogance or ignorance, or a lot of both.