Thai Legal Team To Discuss Response To I C J Judge About 'vicinity' Of Preah Vihear Temple

[webfact]

PREAH VIHEAR CONTROVERSY
Focus on reply to court
Supalak Ganjanakhundee
The Nation


Virachai Plasai, left, the Thai ambassador to the Netherlands and leader of the Thai delegation to the world court.

Thai legal team to discuss response to judge about 'vicinity' of temple

THE HAGUE: -- Thailand's legal team for the Preah Vihear case will this week concentrate on the question raised by Judge Abdulqawi Ahmed Yusuf after the hearing session about the 'vicinity' of the temple. The question was simple but the answer is complicated, officials in the team said yesterday.

Thailand and Cambodia have an obligation to answer Judge Yusuf's question by Friday and each team can respond to their opponent's definition by May 3.

Observers and some members of the Thai team said the question reflected the Somali judge's attitude to the case. Yusuf told Foreign Minister Surapong Towichukchaikul in person on Wednesday that the question was raised from his personal interest but when he received the answer, he would circulate it to other members of the court.

A member of the Thai team said the action should not be underestimated as many judges might be looking for the same answer. If the judges were considering the vicinity of the temple, which is the core issue of the case, it could imply that the court would exercise its jurisdiction to interpret the 1962 judgement as requested by Cambodia. In consequence, one of Thai arguments about the court's jurisdiction would be dismissed.

Cambodia's Foreign Minister Hor Namhong told reporters after the court session in The Hague that Cambodia would simply define the vicinity in accordance with the line appearing in the Annex I map of 1:200,000 scale.

"If we want to know about the vicinity of the temple, (the Preah Vihear) vicinity is clearly defined by the map Annex I," he said.

Cambodia's counsel, Rodman Bundy, said in his conclusion to the hearing in direct response to Judge Yusuf's question, that the vicinity of Preah Vihear Temple was the area lying south of the Annex I map line, up to the intersection to the east and west of the temple which Thailand claims as the watershed line.

The intersection of lines in the maps created an "overlapping" area of 4.6 square kilometres west of the temple claimed by both sides.

Thailand claimed the watershed line was not accepted by the court in 1962. But in the original case it could be viewed as the area of overlapping claims, Bundy said. "That is what we suggest is meant by the vicinity in paragraph 2 of the dispositif (operative clause of the judgement)," he said.

Thailand, during the pleading, told the court that the temple's vicinity, from where Thailand withdrew its troops in accordance with paragraph 2 of the judgement, was made by a Thai Cabinet resolution in 1962.

Thailand's legal team demonstrated to the court that the Thai Cabinet then drew the line to put 4.6 square km as the vicinity of the temple - and claimed that the area was made in accordance with the area Cambodia determined as being shown in the Annex 85d map.

Cambodia's counsel Bundy argued that the Thai Cabinet's resolution was not based on any reasoning, whether the Annex 85d map, or the watershed line.

However Thailand's counsel, Virachai Plasai, in his concluding remarks, told the court that the vicinity in accordance with the 1962 judgement was not as large as Cambodia wanted to claim.

During the hearing at the world court, Thailand suggested the area in question in the original case was only 0.35 square kilometres, not 4.6 square kilometres as defined by the overlapping boundary claims.

In complying with the 1962 judgement, Thailand had 0.28 square km for the temple's seat and suggested it also included the so-called vicinity of the temple.

Officials on the Thai legal team needed to discuss the matter this week before submitting a written reply to the court about the status of the remaining 0.07 square km, or 43.75 rai northeast of Preah Vihear, on whether it should be included in the "vicinity" of the temple.


-- The Nation 2013-04-22

[Locationthailand]

Does anyone understand this article? Without definitive maps to peruse in explanation it is hard to fathom. I wonder what the Cambodian newspapers are saying as all this is very one-sided reporting?

[Payboy]

The question was simple but the answer is complicated, officials in the team said yesterday.

The answer simplified in a domestic scenario would be a brown envelope. Think it might work at the ICJ?

[tonglen]

Why don't they do a "Solomon" and just cut the temple in half?

The side that says, "No!" wins.

[Thai at Heart]

I would suggest that they leave that up to the court to decide.

[Robby nz]

Suspect the 'legal team' will want to drag this out as long as possible, they must be getting well compensated for their time and 5 star accommodated, fed and watered.

[chickenslegs]

Why don't they do a "Solomon" and just cut the temple in half?

The side that says, "No!" wins.

This is how I am interpreting the situation.

It's not about the temple. Both governments agree that the temple is Cambodian.

It's about the 'vicinity' of the temple. How far does the 'vicinity' extend - this was not adequately described in the original ruling. The Cambodians argue that it includes the disputed area around the temple. The Thais believe that 'vicinity' just refers to the temple grounds, not the disputed land.

[webfact]

MAPS from the Nation article

but not include in the OP for technical reason

These maps shows in the court in The Hague demonstrate the disputed area adjacent to the Preah Vihear but not could not say exactly where it is.A judge at the International Court of Justice ask both side to define by this week.

[Arkady]

Why doesn't The Nation publish some translations of what the Cambodian press is saying instead of all this pathetic chest thumping prior to the result? No doubt they are equally triumphant. LOL.

[tonglen]

MAPS from the Nation article

but not include in the OP for technical reason

These maps shows in the court in The Hague demonstrate the disputed area adjacent to the Preah Vihear but not could not say exactly where it is.A judge at the International Court of Justice ask both side to define by this week.

Just one more reason for better land surveys and a centralized dept to file the paperwork.....

[ZhouZhou]

Why doesn't The Nation publish some translations of what the Cambodian press is saying instead of all this pathetic chest thumping prior to the result? No doubt they are equally triumphant. LOL.

probably because THE NATION is called THE NATION for a reason.

[Thai at Heart]

Why doesn't The Nation publish some translations of what the Cambodian press is saying instead of all this pathetic chest thumping prior to the result? No doubt they are equally triumphant. LOL.

You think they want a Cambodian in the office?

[harrry]

All I will say is that King Canute could not stop the tides but the ICJ can make water run uphill.

[Thai at Heart]

All I will say is that King Canute could not stop the tides but the ICJ can make water run uphill.

That's quite apt, because the irrigation system at Angkor makes water apparently flow uphill through engineered pressure and no pumps.

Plodprasop is still researching.

Edited April 22, 2013 by Thai at Heart

[animatic]

If there has been a sole or primary access road to the temple since time immemorable,

logically that road would be part of the "Temple's Vicinity",

since all people going to that temple must take it.

It is essentially that access road that is in dispute, as an arbitrary line to

prevent Thailand from 'appearing' to lose something, that it gave away 50 years ago.

But the Thais don't want that because they will lose face by giving in,

to something they gave into with out protest 50 years ago.

Appearances are more important than realities.

vi·cin·i·ty [vi-sin-i-tee]

noun, plural vi·cin·i·ties.

1. the area or region near or about a place; surrounding district; neighborhood:

There are no stores in the vicinity of our house.

2. state or fact of being near; proximity; propinquity:

He was troubled by the vicinity of the nuclear testing area.

Edited April 22, 2013 by animatic

[hellodolly]

Why doesn't The Nation publish some translations of what the Cambodian press is saying instead of all this pathetic chest thumping prior to the result? No doubt they are equally triumphant. LOL.

probably because THE NATION is called THE NATION for a reason.

What kind of an answer is that about a newspaper with an English name and printed in English in Thailand.

[Thai at Heart]

Why doesn't The Nation publish some translations of what the Cambodian press is saying instead of all this pathetic chest thumping prior to the result? No doubt they are equally triumphant. LOL.

probably because THE NATION is called THE NATION for a reason.

What kind of an answer is that about a newspaper with an English name and printed in English in Thailand.

I think zz is suggesting that the nation is an equivalent of pravda or the Pyongyang daily.

[whybother]

If there has been a sole or primary access road to the temple since time immemorable,

logically that road would be part of the "Temple's Vicinity",

since all people going to that temple must take it.

It is essentially that access road that is in dispute, as an arbitrary line to

prevent Thailand from 'appearing' to lose something, that it gave away 50 years ago.

But the Thais don't want that because they will lose face by giving in,

to something they gave into with out protest 50 years ago.

Appearances are more important than realities.

vi·cin·i·ty [vi-sin-i-tee]

noun, [/size]plural [/size]vi·cin·i·ties.

1. the area or region near or about a place; surrounding district; neighborhood: [/size]

There are no stores in the vicinity of our house.[/size]

2. state or fact of being near; proximity; propinquity: [/size]

He was troubled by the vicinity of the nuclear testing area.[/size]

How far down the road should Cambodia claim?