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Thai-Cambodian Conflict: The Failure of ASEAN`s Dispute Settlement Mechanisms
( Pavin Chachavalpongpun ) 서울대학교 통일평화연구원 2013 Asian Journal of Peacebuilding Vol.1 No.1
In 2008, the Thai-Cambodian conflict over the Preah Vihear Temple was reignited after the issue became politicized by political groups in Thailand. The opposition accused the Samak Sundaravej government of aspiring to achieve its private interests in exchange for Thailand`s support for Cambodia`s bid to have the Preah Vihear listed as a UNESCO World Heritage Site. In Thailand, there was a belief that if Cambodia`s bid was successful, the country would lose the disputed 4.6-square-kilometer area surrounding the temple. This pushed elements in Thailand to unofficially declare a state of war with Cambodia. This crisis also had a serious impact on ASEAN. Thailand rejected ASEAN`s mediating role, thus revealing its distrust in regional dispute settlement mechanisms. For ASEAN, it unveiled its weakness in exercising authority over its members, and its incompetency in the management of regional disputes. This article argues that ASEAN was caught between the need to be a key player in regional politics, especially in tackling territorial disputes in the region, and the need to maintain the region`s status quo by appearing subservient to the members` self-interest in protecting their national sovereignty at the expense of progress on regionalization.
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Thai-Cambodian Conflict: The Failure of ASEAN’s Dispute Settlement Mechanisms
Chachavalpongpun, Pavin 서울대학교 통일평화연구원 2013 Asian Journal of Peacebuilding Vol.1 No.1
In 2008, the Thai-Cambodian conflict over the Preah Vihear Temple was reignited after the issue became politicized by political groups in Thailand. The opposition accused the Samak Sundaravej government of aspiring to achieve its private interests in exchange for Thailand's support for Cambodia's bid to have the Preah Vihear listed as a UNESCO World Heritage Site. In Thailand, there was a belief that if Cambodia's bid was successful, the country would lose the disputed 4.6-square-kilometer area surrounding the temple. This pushed elements in Thailand to unofficially declare a state of war with Cambodia. This crisis also had a serious impact on ASEAN. Thailand rejected ASEAN's mediating role, thus revealing its distrust in regional dispute settlement mechanisms. For ASEAN, it unveiled its weakness in exercising authority over its members, and its incompetency in the management of regional disputes. This article argues that ASEAN was caught between the need to be a key player in regional politics, especially in tackling territorial disputes in the region, and the need to maintain the region's status quo by appearing subservient to the members' self-interest in protecting their national sovereignty at the expense of progress on regionalization.
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문용일 단국대학교 법학연구소 2024 법학논총 Vol.48 No.1
ICJ 판결에서 나타나는 추상성과 모호성은 국제분쟁의 해결에 어떻게 기여하고 어떠한 문제를 가지는가? 본 연구는 ICJ 판결과 당사국의 이행 사이에존재하는 상호작용성에 집중하여 이러한 연구질문에 대한 답을 규명하고자 한다. 이를 위해, 먼저 당사국의 판결 준수와 이행의 가능성 제고, 법리 확립과구체적 적용 간 균형의 확보 등 ICJ 판결의 모호성이 분쟁해결에 미치는 유용성과 필요성에 대해 논의한 후, ICJ 절차상 재심의 실질적 어려움, 판결에 대한 부분적 이행의 필요성, 판결의 주관적 해석을 통한 국내 정치사회적 비용최소화의 필요성 등 재판의 당사국들이 판결의 모호성을 적극적으로 이용하고자 하는 유인동기의 문제를 살펴본다. 또한, 사례분석의 일환으로 태국과 캄보디아 간 프레아 비히어 사원 사건에 대해 살펴본다. 이러한 분석에 기반하여본 연구는 ICJ 판결의 모호성이 국제분쟁, 특히 영토분쟁의 단기적 해결에 긍정적으로 기여할 수 있으나, 당사국의 전략적 행위로 인해 판결의 해석과 이행에 대한 해석분쟁의 가능성을 높일 뿐 아니라 분쟁해결에 있어서 ICJ의 권위와 영향력을 잠식할 수 있음을 지적한다. Despite its efforts to clarify ambiguity and complexity in international treaties and customomary international law, the judgments by the International Court of Justice per se often include various ambiguities. How do these ambiguities in its judgments affect peaceful dispute resolutions by the Court? As an attempt to answer the puzzle, this research examines the interactions between the Court’s decision-making and the party states’ strategic interpretations of the judgments. While chapter II discusses the need for ambiguity in the Court’s judgments and some potential challenges caused by party states’ strong incentives to strategically interpret those ambiguities, chapter III examines how Thai and Cambodian governments utilized the Court’s ambiguities in their territorial dispute over the Temple of Preah Vihear. Based on the analysis, I conclude that ambiguity in the Court’s judgments may have ‘pacifying effects’ on territorial disputes in the short term, while, in the long term, it may undermine the Court’s authority and legitimacy for peaceful dispute resolution.
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노영돈(Loh, Yeong-Don) 백산학회 2005 白山學報 Vol.- No.71
China’s present possession over Gando(間島) is not lawful because of the invalidity of the so-called 1909 Gando Agreement which China considers as the ground for her lawful sovereignty over it. But the government of Korea have not yet protest against China, even after the establishment of diplomatic relationship with China in 1992. Prescription in International Law as a reason for the acquisition of a territory has no positive rule. However, the majority of writers on International Law recognize the necessity of prescription in international law as well as municipal law and the decisions of international tribunals quoted prescription to judge the sovereignty of the territory concerned. Hence therefore Korean Government should protest unlawful possession over Gando to China as soon as possible to discontinue prescription. There is no rule established about the duration for completion of prescription in international law. It differs cases by case. But in the case of Gando between Korea and China, the point of time to start the duration for completion of prescription, together with the length of time, calls special attention. After Gando Agreement of 1909 between Japan and China, Korea had annexed to Japan in 1910 and achieved independence from Japan in 1945, established sovereign state in 1948 but she had not diplomatic relationship with China until 1992. Therefore even though China’s possession over Gando started from 1909, the absence of Korea’s protest against it should be counted from 1992. Korean Government, anyway, is urged to protest to China.
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