World Heritage Site:
Temple of Preah Vihear
Publication Year:
2018
Publication Type:
Article
Publication Identifier:
WHE24F3C3ECEF
Summary
A landmark interpretation of the 1962 International Court of Justice (ICJ) judgment on the Temple of Preah Vihear case reveals that the court's authority to indicate provisional measures extends beyond immediate disputes, potentially safeguarding rights derived from earlier rulings. This analysis clarifies that such measures can be invoked if rights are plausible and linked to the claimed dispute, even when urgency is not explicitly demonstrated. The study also distinguishes between interpretation and revision of judgments, emphasizing that disputes must pertain to the operative part of a judgment rather than its reasoning. Additionally, it examines the relationship between provisional measures and broader international peace efforts, while addressing whether the 1962 judgment definitively determined the boundary dispute over the temple's sovereignty.
Citation
(Ed.). (2018). Request for Interpretation of the Judgment of 15 June 1962 in the Case Concerning the Temple of Preah Vihear (Cambodia v. Thailand). International Law Reports, 177, 349–524. https://doi.org/10.1017/cbo9781108551588.004