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The Second Dispute Between Cambodia-Thailand Over Preah Vihear Temple

Posted on:2010-01-20Degree:MasterType:Thesis
Country:ChinaCandidate:B S N e a v n o u v P a n h Full Text:PDF
GTID:2166360272499021Subject:World History
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Some of powerful countries today tend to adopt a new turn from waging war to economic competition in order to become one of the world leaders. Accordingly, for some countries, arm force is utilized to empower themselves and to dominate others even though this sort of method is not supported internationally. Based on International Relations concept, once one country is strong in economy and military, it is believed that that country will be recognized as a strong one in power. Therefore, it is significant to every country around the globe to focus on competitive economy. Economy is not just about production of goods and services, but it also includes the availability of human resources and natural resources such as mines, oil, gas, gold, Iron, etc…To drive economic growth, each country has to ensure about the political stability, international cooperation, tourism, power establishment etc. Aiming to get these, some countries decide to form as organizations or allies to share the common interests and/or to develop and strengthen their regions in balancing the power with giant states. That is why the Association of Southeast Asian Nations (ASEAN) has been established in Asia.ASEAN objectives aim for economic growth; peace and stability through abiding respect of justice and the rule of law in the relationship among countries in the region and adherence to the principles of the United Nations Charter; security (Balancing Power); political system; common interests and collaboration or cooperation. Although ASEAN objectives are legally set, some of its members still have conflict of interests with one another due to their eagerness of acquiring their self-benefits.Border dispute is not a recently happened issue at all. On the contrary, it is a historical phenomenon. Cambodia and Thailand which are the neighboring countries have been in the dispute of border long ago since ancient time. Specifically, Preah Vihear Temple, which belongs to Cambodia, is the issue which is going to be taken into account for attention. The conflict of the temple has been rambling over since International Court of Justice declared ownership to Cambodia in 1962. Thailand never gave up her attempt to win back the Temple. That is why the conflict has not been ended since then. Again, it was emerged after Cambodia got approval from UNESCO of registering Preah Vihear Temple to be applicant of World Heritage List on 07 July 2008.According to the geographic area, Preah Vihear Temple is an Angkorian era monument located in the northern province of Preah Vihear, 400 km north of Phnom Penh and 140 km northwest of Angkor, in immediate proximity to Cambodia's border with the Kingdom of Thailand. The Temple is perched on the southern end of a 625 meter high rock promontory of the"Dangrek"mountain range. From the top of this steep escarpment, it looks to the south over a vast plain stretching out below on the Cambodian side. Beyond the plateau to the north, the terrain extends in a gentle slope towards Thailand. Because of this geographic location and economic benefits, the Temple has become the centre of the controversy between the two neighboring countries since French colony.Obviously, by mapping, the temple is located in Cambodia territory but Thailand never gives up her ambition at all. By using all sorts of means, Thailand from time to time, has pursued their dream of owning the Temple even though this country realizes that their invasion of Cambodia territory violate the international principles and the ASEAN Treaty of Amity and Cooperation in Southeast Asia. The threatening from Thailand on the Temple damages the principles and spirit of the United Nations Charter, the Judgment of the International Court of Justice (ICJ) judgment in 1962, the Convention Concerning the Protection of World Cultural and Natural Heritage (Paris, 16 November 1972) and the Convention for the Protection of Cultural Property in the Event of Armed Conflicts (The Hague, 14 May 1954).Referring to the International law definition, International law is based on the concept of the sovereign equality of states and rests ultimately on agreement among them. International law provides a guide for state action and technique for peacefully resolving disputes between states by reference to agreed norms of conduct rather than by resort to force. However, Thailand seems not to abide by the law; instead, this country insists on taking the Temple as their own for the sake of their country advantages.The reasons why Thailand cannot afford of losing ownership of the Temple are vividly seen because of their loss of economic benefits as well as reputation"To cut Preah Vihear off from Thailand is almost like cutting a nose off a face"(Pleadings, 289). The Temple has attracted lot of tourists elsewhere around the world to come and visit as it is 900 years temple which is the oldest one and this temple has considerable artistic and archaeological interest and is still used as a place of pilgrimage. This does not only affect the flow of income for the tourism industry itself but it also leads to the loss of earnings of villagers who survive their living on small businesses having nearby the venue. In terms of reputation, Thailand is so concerned about this, for this country has been proudly known as one of respectable countries, which is well-known for her wealth, richness of culture, etc. More than that, Thailand is one of ASEAN members. Thailand has to respect the law or agreements based on ASEAN policies, but Thailand breaks it intentionally since they base their map drawn by their own unilaterally which has not been recognized internationally.In response to the failure of ownership of the Temple, Thailand has acted forcefully on Cambodia. Troop of Thai soldiers were sent to encroach into Cambodia territory and station at the Temple. What is more, from time to time, there was confrontation taken place between the two countries. Cambodia has shown patience and remained calm to ease the tensions as well as to protect relations of friendship and good cooperation with neighboring countries.In mending the conflict and maintaining international cooperation, both countries especially Cambodia have strived extremely hard to find way out peacefully despite the internal upheaval happened in the country. Plenty of meetings on the dispute settlement have been initiated by both countries. However, the negotiations were not successfully settled. Cambodia has remained her status of tranquility despite the fact that Thailand has used military to penetrate the Temple during the transitional period of negotiation. Cambodia chooses harmless method in their perseverance to peaceful settlement aiming not to provoke any deterioration of friendship. Issues to be discussed are:What are the roots of the conflict? And what should be the ideal solutions? What does ASEAN's role over the conflict of interest within its members? What does the United Nations react after a conflict over the Applicant of the World Heritage Site?How are the reactions from the Great Power countries?The issue of Preah Vihear Temple dispute is somewhat related to the theory of Realism and Balancing Power. The theory mainly gives food for thoughts and the practical application based on the reality of the International Relations among stakeholders. Whether or not, the two countries (Cambodia-Thailand) are able to find way out is the next step which requires strategic tactics, thorough perseverance and mutual understanding.The border clash is purely the internal affair of the two countries. Although there is intervention from United Nations or other institutions, it will not be able to be resolved easily if any entity does not comply with the International Law or related and has no intention to bring an end to the controversy. The sort of issue is not a one day settlement; it requires time and efforts to make it effective.Any sort of conflict must have its roots of the problems. Finding out the roots and healing them appropriately based on considerate approach are what the thesis will focus on. In adjacent to this, the reactions of stakeholders will be highlighted which will help with the analysis.Key-note analysis will then be made for better understanding of the total dispute scope.The overall dispute is summed by the conclusion that Cambodia is seen as a victim who suffers the consequences.
Keywords/Search Tags:Association of Southeast Asian Nations (ASEAN), United Nations (UN), International Court of Justice (ICJ), conflict of interest, border dispute, Preah Vihear Temple, World Heritage Site, Peace and Security
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