เขมรฟ้องไทยฝ่ายเดียว! ศาลโลกตัดสินได้ไหม?

Summary

The ICJ works on consent: it needs both parties to have accepted its jurisdiction before it can decide a case.

The lesson of Preah Vihear is that Thailand had accepted that jurisdiction at the time, which is part of why it lost.

The position today is different, because Thailand no longer accepts the court’s general jurisdiction.

Key points

1. 01

   Consent comes before everything

   Unlike a domestic court, the ICJ has no compulsory power over a state that has not accepted it.

2. 02

   Preah Vihear was lost for specific reasons

   The map, and the failure to object when objection was due, are things that can be learned from.

3. 03

   Withdrawing jurisdiction is a legal instrument

   It is not evasion. Many states do exactly this.

4. 04

   Other routes still need watching

   Particular treaties grant subject-specific jurisdiction, which has to be checked case by case.