Abstract
Acquiescence and estopple are regarded as two essential international principles in the judgement of the Case concerning the Temple of Preah Vihear. This is a legal review essay to make some remarks on the application of these two principles in the Temple of Preah Vihear Case combined with some judgments of the other Cases and the opinions of Judges or scholars, and to point out the rationality of the application of acquiescence and the controversies over the application of estoppel in this case.
Highlights
The Temple of Preah Vihear Case is a dispute of territory sovereignty between Cambodia and Thailand over the region of the Temple of Preah Vihear
The Treaty of 13 February 1904 concluded by the France, conducting the foreign relations of Cambodia and Siam prescribed that in the eastern sector of the Dangrek range, in which Preah Vihear was situated, the frontier was to follow the watershed line
A very importance paragraph in the judgement of the Temple of Preah Vihear Case points out that “it is clear that the circumstances were such as called for some reaction, within a reasonable period, on the part of the Siamese authorities, if they wished to disagree with the map or had any serious question to raise in regard to it
Summary
The Court held that the boundary lines in the Annex I map had been accepted by Thailand as an integral part of the border treaty from the perspective of treaty interpretation and that the Court had upheld the validity of the Annex I map line for the disputed area without regard to whether the drawn boundary line corresponds to the true watershed line. For these reasons, the Court upheld Cambodia's claim to the Temple of Preah Vihear
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