Thailand And Cambodian Borders History Essay

Published: 2020-07-07 15:46:04
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This paper will be analyzed profoundly on the relationship between Cambodia and Thailand over the Preah Vihear Temple at the past and present clip. This paper will be besides focused on the effects of the struggle which affected to political, economic system and society of both states. This paper will supply foremost empirical survey on the procedures of bilateral diplomatic negotiations and the failing of the bilateral negotiations. Furthermore, I would wish to portion this survey to the readers and scholars to sing and sharing their sentiment and cognition on the mechanism of work outing difference between Cambodia and Thailand wholly. As we already knew the Preah Vihear Temple is a sensitive issue of both states and this struggle has non truly ended, even though there is a finding of fact of ICJ which ruled that the temple and the land around the temple is under the sovereignty of Cambodia for 49years. We besides knew that so far the bilateral diplomatic negotiations was failed. So after reading this text, you will acquire the thought of what options Cambodia should dispute with Thailand who is a rich and a powerful state in Asia and who should acquire affect in deciding the confrontation in order to avoid the war and procure the regional security.
Introduction
Cambodia and Thailand are the adjacent state. Historically, the relation of the both state sometime become good and bad due to the boundary line and Temple issues. We can see that the most sensitive issue is about temple. As we already know last several twelvemonth ago, there was a outstanding Thai actress said that Cambodia had stolen Angkor Wat from Thailand. The remark had triggered choler of patriots of Cambodia to fire the Thai Embassy in Phnom Penh and a figure of Thai-owned concerns ( Cambodia-Thailand Relation, 2003 ) After the event, the ties between the two states become bad once more following the ties of both states had been restored since 1980s. The relation become good after Cambodia authorities had apologized to Thailand and promised to pay for harm to Thailand. On 2006 and 2007, Cambodia wants to acknowledge Preah Vihea Temple as a universe heritage, nevertheless Thailand who is a member of UNESCO had successfully blocked Cambodia ‘s attempt on the land that a 4.6 square kilometre land around the temple ‘s compound is still subjected to challenge. Thailand forgets about the ICJ determination on June 15, 1962 which ruled by the international tribunal that the temple of Preah Vihea is situated in district under the sovereignty of Cambodia ” ( Temple of Preah Vihear ( Merits ) ( JUDGM. OFI5 VI62 ) ) which is made by nine to three of ICJ ‘s members. After cognizing this Cambodia had submitted ICJ determination to UNESCO to analyze. Then, UNESCO had decided to acknowledge Preah Vihea Temple as a universe heritage on July 8, 2008 at Quebec, Canada, although Thailand disagreed to UNESCO determination. Until now, Thailand maintain insistence and claiming that the 4.6 square metre of land around the temple is belonged to Thailand. The confrontation between the two states become worse and worse, when Thailand sent her military personnels to station at pagoda in the compound of the temple on July 15, 2008. Get downing from that clip, Thailand sent her military to post at other location such as Veal Intry, Ta Mon and Ta Krobey Temple. So, to response to the disbelieving, I will state you about the history of Cambodia and Thailand relationship, and so you will cognize who Siam ( Thai ) is. Who built the Temple? Why ICJ decided that Preah Vihea Temple is belonged to Cambodia? And at the terminal I will suggest sort of options should Cambodia take to work out the struggle.
History of Khmer and Thai Relation
Preah Vihea Temple was built at the early of the ninth century and was continued edifice during the reign of king Suryavarman I ( 1002-1050 ) . Then, finished the building at the reign of king Suryavarman II ( 1113-1150 ) . The first Suryavarman built this temple in the effort of giving to Hindu God called Shiva and the Second Suryavarman continued to construct the temple for observing spiritual festival and doing a gift for his aged religious bartender adviser named Divakaraprandita ( Ancient History ) . The Temple was built on the top drop of Dongrek Mountain which has the tallness of 525 metre. During that clip, Khmer land was comfortable and powerful for three century before the outgrowth of Sukhothai Kingdom ( Preah Vihear Temple: Politico-historical Case Study and Nationalism by Chanvit Kasetsiri. p2 ) . Around 9 to tenth century, Tai/Siam who was a folk of China which was left from the executing of Mongol when Mongol invaded into China district, had migrated to Khmer district by inquiring to functioning Khmer land as slave ” ( A Short History: Siam by David K. Wyatt. p. 10-25 ) , in the return of life in Khmer district. Khmer male monarch who has a sort to Tai/Siam folk had allowed them to populate in Khmer district and besides articulation in military to assist protecting the district from invasion of neighbouring states. Khmer king kindly gave wages to Tai folk by put uping some of them as leader of military and head of territory or borei ( state ) and allowed them to get married with girls of Khmer elite. But subsequently on, when the Kingdom of Khmer autumn weak due to domestic and external differences, Tai took a opportunity liberate from the control of Khmer and so fight capturing some population and land to be their belongings. Tai started contending and capture some population and land from Mon, Burma, Vietnam and Khmer through its military expedition. Until at the early of 13thcentury, Tai leader named Phu Moung nominated himself as a King of Sukhothai and enthronement as a royal name called Sri Indraditya. So harmonizing to the historical which I mentioned above exposed that Khmer and Tai had a acrimonious relationship. However, there still be more acrimonious and acrimonious than this which has been started from 1352 to show. The Khmer land earnestly begun its diminution when Sri Sothonpura known as Angkor Thom or Sri Yasodharapura which is the foundation of Khmer land had been invaded three times by Tai- first by King U Thong in 1369, secondly by king Ramesuan in 1388/9 and eventually by king Choa Sam Praya in 1431. During that period of clip Khmer started to loss its district, including Preah Vihea Temple every bit good, to Siam bit by bit, such as Battambang, Siem Riep, Mongkol Borei, and Serei Sophorn every bit good as Preah Vihea Temple. In 1814 there were more states had been fought and captured by Tai Such as Mlou Prei, Toul LorPeo, and Stoeng Treng, ( History of Siamese and Thai Occupation ) all the states were annexed to Siam but Siam had no purpose to colonise the states or change over Khmer citizens into Thai because most of these citizens still communicated each other by talking Khmer linguistic communication and utilizing Khmer usage. Until 1907, King Rama V signed the Franco-Siam pact with the President of France. Under the pact, Siam require to return to Cambodia some state such as Battambang, Serei Sophorn, Mongkul Borei, Siem Riep and Preah Vihea Temple in exchange of some of Siam ‘s states which were occupied by France such as Chantaburi, Trat and Dan Sai in Loei. We besides should remind that most of Cambodia district which were seized by Siam before 1790, now become the district of Siam such as Reachborei ( Korat ) , Boreirom ( Buriram ) , Sorit ( Surin ) , Korkan, Sisaket, Bascemborei ( Prachin buri ) , Chantaborei ( Chantaburi ) , Champasak and Trat. From 1941 to 1944, we see that Siam still non abandoned its aspiration to get down Cambodia district. To claim its belongings, Siam captured some states of Cambodia once more while France fallen weak. Siam shown its obstinate act to France because of Siam had a support from Japan. But subsequently on Japan lost World War II, and so Siam returned the states to Cambodia.
We see that the difference ever erected from the misinterpretation of history of a state or it might be due to their apprehension, but they tempt to non understand or acknowledge their history because of the aspiration or behaviour of the state ever wish to get down or suck the adjacent states. To extinguish its embarrassment, Thai had tried to falsify or impure its history harmonizing to Thai Nationalist Newspaper, ChaoThai, on 31, October, 1959 stated that the existent Khmer had been killed by Tai and the remainder of Khmer were chased off and retreated to India ( The Thai ‘s Unique View of Khmer People and History, by Touch Bora, 1999 ) . And Khmer presents populating in Cambodia are Thai Krom lower land Thai ” . Another, to conceal the barbarous act of its male monarch, Siam translated that King Naresuan did non decapitate Khmer male monarch, named Satha who took opportunity to assail Ayuthaya from the E, by taking blood to rinse his pess. Thai historians tried to do a rectification that Khmer male monarch named Satha had fled and taken safety in Laos. With other negative position, Thai educated its people to detest Khmer male monarch named Sihanou who is considered by Kampuchean as a hero or a Jesus who fought to continue Khmer ‘s sovereignty in response to the aggressor-Thai who intents of prehending control of Cambodia by raising a inquiry that what colour ( Si ) do Thai people detest? ” The reply is neither ruddy ( Si Deng ) or black ( Si Dam ) but their reply is Si-hanouk ( Cambodia-Thailand: Love Hate Relationship ( Khom-Khamen flawed history ) . On other manus, Thai following coevals thinks that Preah Vihea Temple is theirs because the staircase for mounting to the temple is at the Thai side. Anyway Thai educated their following coevals that the state of Battambang, Siem Riep, Serei Sophon, Sisophun, Stoeng Treng every bit good as Preah Vihea Temple is theirs. These Acts of the Apostless underscore to see that Thai raised their bosom and aspiration to get down Cambodia district for long. Now, Thai took Preah Vihea Temple and land around the temple issue as its political sureties. Although everyone in the universe knew that Preah Vihea belongs to Cambodia through the ICJ ‘s determination, Thai still raise the issue as their job, including the boundary line. Following, we will cognize on what standards why ICJ judged that Preah Vihea Temple is belonged to Cambodia.
International Court of Justice ‘s Decision
Before doing treatment about the International Court of Justice ‘s determination, I would wish to reexamine about what France had left for Cambodia when France took control over Cambodia ‘s district for about a century. We got both advantage and disadvantage from France ‘s colonisation. The disadvantage is that France had ceded the eastern district of Cambodia ( Kampuchea Krom ) to Vietnam, whereas the advantage is that France tried her best to protect the western district of Cambodia from the invasion and business of Siamese through war and Franco-Siam pact which was made in 1904 and 1907. The 1904 pact was conducted for the intent of specifying the frontier of Preah Vihea Temple, situated over the top mountain of Dongrek. At the meeting on 1906 was held to put the process of boundary line of frontier by Fanco-Siamese Mixed committee. They agreed to demarcate the Dongrek saddle horses range by following the watershed line. Thai supposed that the process would offer benefits to her. In 1907, Siam had no equal specializers of function ; hence, Siam had requested a France squad of assorted committee to map the frontier part for her and these maps was completed in the fall of 1907. Among the maps showed that Preah Vihea Temple was on the Cambodia side. Siam non merely shown any reaction on the limit of the maps but besides gave thanks to France curate in Bangkok for the maps. After France re-ceded independency to Cambodia in 1954, France disposals and military personnels withdrawn from Cambodia, as Cambodia was being Reconstruction her state, Siam took the opportunity to direct her military personnels to busy Preah Vihea Temple in 1954. At that clip, Cambodia had sent several diplomatic notes to Thai for seeking a bilateral dialogue but Thai seem ignorant of Cambodia ‘s suggestion, until 1958 Thai agreed to keep bilateral dialogue with Cambodia in Bangkok, nevertheless the dialogue was failed. One more clip, in a gesture of maintaining friendly relationship with Thai, Cambodia is willing to set the Temple under joint disposal, but Thai still non answer. Then in 1959, after Cambodia had reunited, Cambodia had protested the presence of Siam forces on the Preah Vihea Temple which is situated in the Cambodia sovereignty and asked the ICJ to govern that the Temple and the environing land ballad in Cambodia ‘s district. During that clip, the diplomatic relationship of both states become terrible and terrible and the menace of utilizing forces by both states were voiced because both Governments contended and claimed that the Temple and environing land are theirs. One point that ICJ can hold competent over the instance, if the both Governments voluntarily agreed to register their instance to the International Court of Justice. At that clip, the Case guardian of Cambodia at Hague was the former U.S secretary of State, his name is Dean Acheson, whereas the guardian of Thai was a former British lawyer general, his name is Sir Frank Soskice. At the first hearing of ICJ on March 1962, Cambodia asked the Court to govern on five following entries:
To judge that the map which was demarcated by the assorted Delimitation is enforceable and adhering for the both parties ; ”
To judge that the disputed part was marked on the map of the Commission of Delimitation between Indo-China and Siam ( Annex I to the Memorial of Cambodia ; ”
To judge and declare that the Temple of Preah Vihear is situated in district under the sovereignty of the Kingdome of Cambodia ; ”
To judge and declare that Thailand is under an duty to retreat all sorts of armed forces which is situated in the Temple ”
To judge and declare that Thailand is under an duty to direct back to Cambodia any ancient objects which had been removed from the Temple by Thai governments since 1954 ” ( ICJ Reports 1962, p.11 )
In its response at the Court hearing, Thai objected to the five entries but I would wish to lift up two of import points that Thai took alibi to refute about the Annex I map as the followers:
The Annex I map was non published on behalf of the Mixed Commission, but was prepared by Gallic cabal of the Mixed Commission entirely and published merely in the name of Gallic cabal
No determination of the Mixed Commission was recorded about the boundary at Preah Vihear.
Before speaking about the determination of ICJ, I would wish to remind all of you that the Court proceedings did non concentrate on the inquiry of whose cultural heritage is or on which province was the replacement to the Khmer Empire. These mean that the ICJ did n’t care about who are the builders or replacement of the Temple, the ICJ ‘s competent is to happen out that what Thai objected is demonstrable true or non. So following to what Thai mentioned above, the ICJ had to size up the map and found out that Thailand precisely adopted the maps. There were four groundss that the Court pointed out as follow:
Siam ‘s official broad circulation of the Map,
Siam asked France for more transcripts
The ignorance of Thai members of the Mixed Commission to reject the map
The ignorance of the governor Khukhan state ( Now Si Saket ) to object to the Map
From these facts, the ICJ had make decision that Thailand had acquiesced and accepted the Annex I map. Even there were any disbelieving in this connexion, Thailand was ne’er precluded from asseverating that she had non accepted it. Thailand had for more than 50 old ages enjoyed some benefits as the Treaty of 1904 had conferred on her. Therefore, on 15 June 1962, The Court ruled that:
The Temple of Preah Vihear is situated in district under the sovereignty of Cambodia ; ”
Siam is under an duty to retreat any forces stationed by the Temple, or in its locality on Cambodia district ; ”
Siam is under an duty to reconstruct to Cambodia any ancient objects have been removed from the Temple or the Temple country by the Thai governments since the day of the month of the business in 1954 ; ” ( ICJ Reports 1962, p.36, p37 )
The First and Second commissariats were ruled by 9 to 3 ballots and the Third commissariats were ruled by 7votes to 5votes of the 12 ICJ members. After ICJ determination, Thai reacted angrily but subsequently on Thai backed down and agreed to carry through the duty at the terminal of 1962. In January 1963, Cambodia had held the officially ceremonial of taking back the Temple and environing land as her ownership.
Cambodia ‘s Option:
After the Preah Vihear Temple was judged as under the sovereignty of Cambodia by the International Court of Justice, Thai feels non satisfied with the ICJ ‘s determination. Thai besides feels non assurance in the U.S.A about the campaigning of the U.S.A former secretary of province who represented as a guardian for Cambodia side and supported for the temple being under the sovereignty of Cambodia. At that clip, Thai threatened to boycott meetings of the Southeast Asia Treaty Organization with the United States. However, The United States denied that Mr.Dean Acheson was non a representative of the United States ‘ disposal. He did his private occupation as a guardian for Cambodia. We besides saw that Thai had made presentation on the street to protest to the determination of the International Court of Justice but subsequently on Thailand agreed to follow the judgement of ICJ. Since that clip, we thought that Thailand is a civilised state would obey the international jurisprudence and will be willing to yield the temple and land around the temple to Cambodia. In contrast, Thailand had clearly shown her ambitious over the Cambodia ‘s temple of Preah Vihear, harmonizing to a study, which made by Prince Norodom Konthol, so curate of ministry of foreign matter, about Thai ‘s invasion over the temple and land around the temple in 1966 ( Rasmei Kampuchea Daily Newspaper,2011 ) . Recently, Thailand keeps go oning her ambitious to capture Cambodia ‘s district when Cambodia requested the United Nations Educational, Scientific and Cultural Organization ( UNESCO ) to acknowledge the temple of Preah Vihear as a universe heritage. At that clip, we saw Thailand had played fast ones, foremost to barricade Cambodia at the UNESCO meeting and secondly to direct its several people to protest at the temple ‘s compound, so sent her military personnels in the compound to protect her people, while Cambodia ‘s forces tried to take them from the temple ‘s compound. On 7 July 2008, the confrontation between Cambodia and Thailand grew stronger and stronger until the arm clang occurred for many times ( Cambodian- Thai boundary line difference, 2008 ) . So to efficaciously work out the confrontation, there are three options that Cambodia needs to take are:
Bilateral dialogue: is a talk which both struggle parties are consent to set together their job on the desk to happen out the common involvement peacefully by themselves without any engagement of 3rd party in detecting or work outing the difference. The bilateral talk can treat successfully whenever both parties are willing to work out their job and experience trust in each other. However, the bilateral talk will go a tool for a powerful state like Thailand to utilize forces over a little one like Cambodia to accept what it does n’t desire and if the little state tried to reject the offering, the powerful state will utilize force like military power over the little 1. So, the parties of bilateral talk will be easy to travel to war because they have no balance of power, anyhow the understanding of bilateral talk is non carried out reasonably and enforceable because it has no power to implement it. I mean that the little province will esteem the understanding but the powerful one will non. Mention to this theory and practical, Cambodia do understand that the bilateral talk will be useless for Cambodia, that ‘s why Cambodia wants to register the instance of Thailand ‘s invasion to the International Court of Justice and the United Nation of Security Council, since the first arm clang happened at Preah Vihear Temple on Oct. 2008 which claimed two lives of Kampuchean soldiers. But Thailand requested to Cambodia for making bilateral talk, so Cambodia wants to do friend with Thailand who is the adjacent state. The bilateral talk had been held from ministerial, General Commander, and to regional degree but the attempts were failure because Thailand who is the powerful state ever broke the understanding of the talk. As we already knew, since the confrontation occurred Cambodia and Thai had held a bilateral talk for several times but the understanding which is the consequence of the negotiations ever had been violated by Thai side and the talk can non assist alleviating the tensenesss of both parties. Furthermore, the failures of the talk have claimed many lives and belongingss of both sides ; substructure had been destroyed, people had been evacuated to safety topographic point, schools had been closed and boundary line which is a concern way for both citizens of the both states had been closed particularly the harm of the Preah Vihear Temple which is a heritage of the universe ( Cambodian- Thai boundary line difference, 2008 ) . Through these events, Cambodia had been patient for two old ages to work out the job with Thailand peacefully by bilateral talk, although Thailand tried to trip war with Cambodia. Any manner this is the first measure that Cambodia needs to make, if non so, the UNSC will non urgent to intervention to the struggle because the first mechanism is that the both states have to take the bilateral diplomatic negotiations in progress. So, now it clip for Cambodia to take another option to work out the struggle which is more efficient than bilateral talk is many-sided talk.
Multilateral Talk: This dialogue needs 3rd party to take part in the talk between Cambodia and Thailand because the bilateral talk can non work out the difference. So it is right that Cambodia decided to reject the bilateral talk by appealing for aid from the 3rd party such as UNSC or ASEAN. As we already knew after the war happened at the boundary line between Cambodia and Thailand on 04 to 07 Feb. 2011, Cambodia decided to register the instance to UNSC for step ining to the struggle. Because the clang had been used heavy arm, hence Cambodia proclaimed to the UNSC to desperately name for its members to fall in in the meeting. For the struggle now become to war. Anyway Cambodia has asked the UNSC for publishing a statement on lasting armistice between the two states. And UNSC besides transfer the responsibility of many-sided talk to ASEAN to assist in work outing the struggle. This responsibility will advance the image of ASEAN on the international phase because ASEAN had ne’er accomplished this undertaking since the creative activity of ASEAN. If ASEAN solve the job successfully, its members would experience more confident in the ability of ASEAN and the intent of ASEAN to go one will be achieved.
International Court: Simultaneously, in instance of ASEAN can non work out the job. Cambodia can bespeak the International Court of Justice to construe its determination and inquire for UNSC to implement the ICJ determination ; because UNSC is a jurisprudence enforcement organ of UN. It has responsibility as a judicial constabulary. So, This organ will utilize a coercive diplomatic negotiations to coerce Thai to implement the ICJ ‘s determination.
Decision:
As we already knew Cambodia is a hapless state and this state merely emerged from the domestic chronic war for many decennaries, Cambodia merely learns to acknowledge peace for a few old ages but the state has been confronting ill will with its neighbouring countries-Thailand which has both good and bad historical relation for centuries. I think that the confrontation can be solve if the recent Thai authorities and the xanthous shirt groups stop taking their political issue to set on Cambodia ‘s temple and admit to acknowledge the truth that the temple and the land around the temple is under the sovereignty of Cambodia and agree to stay by the ICJ determination. If Thailand still put their job on the temple, the struggle will non be finished everlastingly. In add-on, bilateral talk will be useless, because Thailand ever signed and one-sidedly compose off the understanding when Thai think that it affected to Thai ‘s involvement or when there is a unfavorable judgment from xanthous shirt group on the district difference. So the best manner that can be finished the struggle is the engagement of UNSC or ASEAN which is the powerful organ that can coerce both struggle parties to halt combat and agreed to accept the ICJ ‘s reading or determination. Now these organisations are working their occupation. So we have to wait and see how they are traveling?

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