CAMBODIA v THAILAND

Case concerning the Temple of Preah Vihear

FACTS:
The Temple of Preah Vihear stood on a promontory of the Dangrek range of mountains which
constituted the boundary between Cambodia and Thailand. The dispute had its fons et
origo in the boundary settlements made in the period 1904-1908 between France, then
conducting the foreign relations of Indo-China, and Siam (Thailand). The application of the
Treaty of 1904 was, in particular, involved. That Treaty established the general character of
the frontier the exact boundary of which was to be delimited by a Franco-Siamese Mixed
Commission. In the eastern sector of the Dangrek range, in which Preah Vihear was situated,
the frontier was to follow the watershed line. The Presidents of the French and Siamese
sections traveled along the Dangrek range in order to make the survey of the eastern part of
the range. The boundary line was established and a map was prepared by the French
officials. The map showed Temple of Preah Vihear on the Cambodian side. The map was
never formally approved by the Mixed Commission as it ceased to function sometime before
the creation of the map. Since there was no reaction on the part of the Siamese authorities,
either then or for many years, they must be held to have acquiesced. The maps were
moreover communicated to the Siamese members of the Mixed Commission, who said
nothing. Basta sinasabi dito na maraming chance yung Thailand na mag-object sa map pero
di nila ginawa. Thailand had nevertheless continued also to use and indeed to publish maps
showing Preah Vihear as lying in Cambodia. If the Siamese authorities accepted the Annex I
map without investigation, they could not now plead any error vitiating the reality of their
consent. The natural inference was that she had accepted the frontier at Preah Vihear as it
was drawn on the map. Thailand contended that the map has no binding effect not being
made by the Mixed Commission.

ISSUE: W/N Thailand may claim the Temple of Preah Vihear as part of its territory

HELD: NO.

The court concluded that Thailand had accepted the Annex I map (yung nasa Cambodia side
yung Temple).

Thailand was not precluded from asserting that she had not accepted it since France and
Cambodia had relied upon her acceptance and she had for fifty years enjoyed such benefits
as the Treaty of 1904 has conferred on her. Estopped na yung Thailand.

As a result, Thailand was under an obligation to withdraw any military or police forces, or
other guards or keepers, stationed by her at the Temple, or in its vicinity on Cambodian
territory. Furthermore, Thailand was under an obligation to restore to Cambodia any
sculptures, stelae, fragments of monuments, sandstone model and ancient pottery which
might, since the date of the occupation of the Temple by Thailand in 1954, have been
removed from the Temple or the Temple area by the Thai authorities.