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ความคิดเห็นที่ 71 |
(sorry ka wanting to type Thai but couldn't find a Thai keyboard around at all)
Just to clarify Khun Na Porn's contribution na ka. I might be wrong but if I can recall, the ICJ only gave its dicision on the temple, not the area beyond that. The French map used in the case henceforth applies only to the particular area which are disputed in the case, i.e. the temple of Phra Vihear (Viharn). However, it doesn't apply to other areas which are not cover in the dispute, including other areas along the eastern border.
So to sum up: Yes, the temple belongs to Cambodia now, according to Thai authority's acceptence of the French map and the doctrine of estoppel ( Kod mai pid pak?). But the decision and evidence here only applies to the dispute area in this particular case- not beyond that. So it doens' t mean that the ICJ decision which allows Cambodia to obtain the temple (based on 1: 200,000 map) applies to the area of outside the dispute.
Of course, if another border dispute emerges (i.e. presume that Thai and Cambodia accept to opt for another International Court case - unlikely that the Thai governemnt will accept this but just assume this), there is a possiblity that the French map will once again act in Cambodia favour.
But even this is the case, it doesn't mean that all the areas along the borders will be lost na ka. Even if Cambodia raises the French map in the dispute, the Thai government may use other factual evidence to rebut that. For example, the Thai government may find something to show that Thailand has in fact excercised its soverignty over the border area along the watershed line. Strong evidence will show that we have military force occupying the area, that people living in the area pay Thai tax or register with a Thai municipality. These types of factual evidence should be enought to outshine the Cambodian evidence based on the map drawn decades ago.
If I have time, I may read the ICJ case again (for my interest as well). here is the link to the ICJ case ka. http://www.icj-cij.org/docket/index.php?p1=3&p2=3&k=46&case=45&code=ct&p3=5
Also, found something amazing about territorial disputes on wiki. Apparently, there are still nearly a hundred territorial disputes around the world - none has been resolved. the pra Vihear (Viharn) case is only one of them (http://en.wikipedia.org/wiki/List_of_territorial_disputes)
แก้ไขเมื่อ 10 ส.ค. 53 15:08:45
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MissDenning  
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10 ส.ค. 53 15:04:00
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... เข้ามาดู
