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Request for Interpretation of the Judgment of 15 June 1962 in the Case Concerning the Temple of Preah Vihear (Cambodia v. Thailand)

Published online by Cambridge University Press:  20 January 2017

John D. Ciorciari
John D. Ciorciari*
Affiliation:
Gerald R. Ford School of Public Policy, University of Michigan
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Abstract

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Keywords

International Court of Justiceinterpretation of previous judgmentprinciple of non ultra petitaterritorial disputeobligation to respect territorial integrity
Type
International Decisions
Information
American Journal of International Law , Volume 108 , Issue 2 , April 2014 , pp. 288 - 295
Copyright
Copyright © American Society of International Law 2014

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References

1 Request for Interpretation of the Judgment of 15 June 1962 in the Case Concerning the Temple of Preah Vihear (Cambodia v. Thailand) (Cambodia v. Thai.) (Int’l Ct. Justice Nov. 11, 2013). ICJ judgments and decisions cited herein are available at http://www.icj-cij.org. Thais refer to the temple as Phra Wihan, but for clarity this note uses the term Preah Vihear, adopted by the ICJ and other international bodies.

2 Convention concernant les relations politiques des Parties contractantes, Fr.-Siam, Art. 1, Feb. 13, 1904, 32 Martens Nouveau Recueil (ser. 2) 130, 1905 Foreign Relations of the United States 833, 835 (Eng. trans.).

3 Temple of Preah Vihear (Cambodia v. Thai.), 1962 ICJ Rep. 6, 17–27 (June 15) [hereinafter 1962 Judgment].

4 Id. at 27–31.

5 Id. at 32.

6 Id. at 36–37 (also requiring, id. at 37, that Thailand return to Cambodia certain enumerated classes of objects that may have been taken from “the Temple or the Temple area by the Thai authorities”).

7 Request for Interpretation of the Judgment of 15 June 1962 in the Case Concerning the Temple of Preah Vihear (Cambodia v. Thailand) (Cambodia v. Thai.), Provisional Measures, 2011 ICJ Rep. 537 (July 18).

8 E.g., Interpretation of Judgments Nos. 7 and 8 (Factory at Chorzów), 1927 PCIJ (ser. A) No. 13, at 11 (Dec. 16) [hereinafter Factory at Chorzów]; Request for Interpretation of the Judgment of 31 March 2004 in the Case Concerning Avena and Other Mexican Nationals (Mexico v. United States of America) (Mex. v. U.S.), Provisional Measures, 2008 ICJ Rep. 311, 325–26, para. 54 (July 16) [hereinafter Avena Order].

9 Quoting Request for Interpretation of the Judgment of 11 June 1998 in the Case Concerning the Land and Maritime Boundary Between Cameroon and Nigeria (Cameroon v. Nigeria) (Nigeria v. Cameroon), Preliminary Objections, 1999 ICJ Rep. 31, 35 (Mar. 25); see also Avena Order, supra note 8, at 323, para. 47.

10 Quoting Factory at Chorzów, supra note 8, at 20.

11 Quoting 1962 Judgment, supra note 3, at 14.

12 Id. at 37.

13 Quoting Reply of Mr. Dean Acheson, Temple of Preah Vihear (Cambodia v. Thai.), [1962] 2 ICJ Pleadings 473, 465 (Mar. 22, 1962).

14 Indeed, the mention of military personnel, absent from Ackermann’s testimony, suggests that the Court did not know who would be stationed in the temple’s vicinity on the judgment date.

15 Cambodia Awaits Talks with Thailand on Implementation of ICJ’s Ruling, Xinhua, Dec. 21, 2013, available in LEXIS, News & Business Library, Wire Service Stories File.

16 Lintner, Bertil, Few Clear Lines in Preah Vihear Ruling, Asia Times Online, Nov. 15, 2013 Google Scholar, at http://www.atimes.com/atimes/Southeast_Asia/SEA-02-151113.html.

17 No Rush to Talk with Thailand After ICJ’s Verdict: Cambodian Spokesman, Xinhua, Nov. 18, 2013, available in LEXIS, News & Business Library, Wire Service Stories File (stating that Cambodia, as the “winner,” intended to “slow down talks” with Thailand to avoid letting Thai extremists and opposition politicians use the issue to pressure the Yingluck Shinawatra government).

18 In Phnom Penh, Hor Namhong said, “Of course, we cannot say the verdict of this court today satisfies our aims 100 per cent, but we are happy, as the ruling met the majority of our demands.” Partial Victory at the ICJ, Phnom Penh Post, Nov. 11, 2013, available in LEXIS, News & Business Library, Individual Publications File. In Bangkok, Thai foreign minister Suraphong Tovichaichaikul said, “Both sides are satisfied with the court’s decision.” Even-Handed Temple Ruling Cools Heat in Thailand, Cambodia, Bangkok Post, Nov. 11, 2013, available in id.