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The Icj Tells China It Doesn't Own All The Oceans.


Flashermac
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Now what happens? I'd bet on military force by the PRC. (Surely, China never expected anyone to believe their fairy tale.)

 

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An international tribunal has ruled against Chinese claims to rights in the South China Sea, backing a case brought by the Philippines.

 

The Permanent Court of Arbitration said there was no evidence that China had historically exercised exclusive control over the waters or resources.

 

China called the ruling "ill-founded" and says it will not be bound by it.

 

...

 

http://www.bbc.com/news/world-asia-china-36771749

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Preah Vihar, Preah Vihar.

 

 

Big difference. As infuriating as the decision was, Thailand reluctantly accepted it.

 

 

<< Australian judge Sir Percy Spender wrote a scathing dissent for the minority on the court, however, pointing out that the French government had never mentioned Thai "acquiescence" or acceptance at any time, not even when Thailand stationed military observers at the temple in 1949. On the contrary, France always insisted that their map was correct and the temple was located on their side of the natural watershed (which it clearly is not). Thailand had modified its own maps, which in Spender's opinion was sufficient without having to protest to France. Spender said:

Whether the Mixed Commission did or did not delimit the Dangrek, the truth, in my opinion, is that the frontier line on that mountain range is today the line of the watershed.

 

The Court however has upheld a frontier line which is not the line of the watershed, one which in the critical area of the Temple is an entirely different one. This finds its justification in the application of the concepts of recognition or acquiescence.

 

With profound respect for the Court, I am obliged to say that in my judgment, as a result of a misapplication of these concepts and an inadmissible extension of them, territory, the sovereignty in which, both by treaty and by the decision of the body appointed under treaty to determine the frontier line, is Thailand's, now becomes vested in Cambodia.
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That was it, matter ended. The temple now belongs to Cambodia, no matter what the Yellow Shirts may say.

 

However, the Thai government agreed in advance to accept the ICJ's decision, confident the court would rule for them as the land was definitely inside Thailand according to the Franco-Thai border agreement. They were dismayed when the ICJ majority chose to ignore the agreement and rule they'd lost it by not complaining to the French sooner. On the other hand, the PRC refused in advance to recognise the ICJ's decision, realising it was certain to lose.

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This was cool. Good for the ICJ. :)

 

"Following a February 2011 request from Cambodia for Thai military forces to be ordered out of the area, judges of the International Court of Justice (ICJ) by a vote of 11–5 ordered that both countries immediately withdraw their military forces, and further imposed restrictions on their police forces."

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Those with opinions might wish to view this documentary titled:

MERCHANTS OF DOUBT.

 

 

“A documentary that looks at pundits-for-hire who present themselves as scientific authorities as they speak about topics like toxic chemicals, pharmaceuticals and climate changeâ€

 

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Big difference. As infuriating as the decision was, Thailand reluctantly accepted it.

 

 

 

Well... in the sense that "accepting" means you end up 50 years later back in front of the same court going over the same shit again, yeah, then they graciously accepted the decision.

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Nope, no one was arguing over the temple, which is all the ICJ ruled belonged to Cambodia. However, the ICJ said nothing about the land near the temple, which Thailand stubbornly continued to claim. I don't see why though, since the original ICJ judgment said the incorrectly draw border was now the valid one. That de facto gave the land to Cambodia too.

 

Three years ago Cambodia and Thailand returned to the court for a decision on the rest of the land. The ICJ then gave most of the land to Cambodia, but not all of it, and Thailand thus saved a wee bit of face. Once again, Thailand accepted the ruling.

 

http://www.bbc.com/n...d-asia-24897805

 

p.s. As to "graciously", the pissed off Thais had dug up the flag pole at Pra Viharn / Preah Vihar with their flag still flying and moved it to a another promontory just east of the temple. They refused to lower the flag over the temple. (I was all over that area years ago. The people in Sisakhet were still angry, since they claim their ancestors are the ones who actually built the temple under Khmer leadership.)

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