On Analysis Of Interpretation Case About Preah Vihera In International Court Of Justice

Cambodia and Thailand have long disputed sovereignty over the temple of Preah Vihera(the temple). Cambodia requested the United Nations of International Court of Justice(ICJ)to solve the above disputed area on October, 6th 1959. In 1962 the ICJ ruled that Cambodia entertained the sovereignty over the temple. On July, 8th 2008 Cambodia asked the World Heritage Conference to inscribe the temple into the world heritage list. Subsequently, the local armed conflict took place again in the region between Cambodia and Thailand. On April, 28 th 2011Cambodia requested the ICJ to interpret the meaning and scope of 1962 judgment. Finally he ICJ ruled that Cambodia obtained the territorial sovereignty of the temple and its vicinity(the highland of the temple) on November, 11 th 2013.In addition to the abstract,conclusion and acknowledgment, the main text is composed of six parts.The first part sets forth the content of interpretation case concerning the temple of Preah Vihera(the interpretation case). Firstly, the content describes the historical background of sovereignty over the temple; secondly, the content describes the controversy focus in the interpretation case, namely, the interpretation procedure of jurisdiction of ICJ, the legal effect of the map evidence and the content of 1962 judgment; finally, ICJ ruled that Cambodia entertains the territorial sovereignty of the temple and its vicinity.The second?third and fourth parts are respectively fixed on the controversy focuses of the interpretation case. The second part describes ICJ.has jurisdiction over the interpretation case. Firstly, ICJ decides that whether it has jurisdiction over Cambodia instituting legal interpretation proceedings of 1962 judgment; secondly, it decides that whether the Cambodia's is acceptable:(1) whether the parties have disputed content;(2)whether the original judgment is specific. According to the article 60 in the Statute of the International Court of Justice, the ICJ has jurisdiction over the interpretation procedure of jurisdiction; Cambodia and Thailand indeed have controversy about the meaning and scope of 1962 judgment which doesn't clear the area of the temple and its vicinity. The third part describes the legal effect of the map evidence. Complying with the principle of res judicata and non ultra petita, the ICJ doesn't interpret the legal effect of map evidence which is quoted by Cambodia. The fourth part describes the the content of 1962 judgment, which ICJ decides that vicinity of the temple is included the highland of the temple.The fifth part discusses the specific ideas and principles applied by ICJ in the interpretation case. In the interpretation case, ICJ firstly decides its interpretation procedure of jurisdiction, secondly interprets respectively main controversy focus between the two sides. Abiding by the principles of res judicata and non ultra petita, ICJ reasonably illustrates Cambodia entertains sovereignty over the area of the temple including highland of the temple.The interpretation case of 1962 judgment has a positive effect on our Chinese territorial disputes in the last part. On one hand, in order to resolve our territorial disputes, China should lay an emphasis upon the rules for the evidence determination from the perspective of international law; on the other hand,China should attach importance to the role of the ICJ in the maintenance of world peace and research many ICJ territorial judgments.