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HomeArticlesDeal of the month: Court finds in favour of Cambodia in a...

Deal of the month: Court finds in favour of Cambodia in a dispute with Thailand

In a unanimous verdict, judgment was awarded on November 11th by the International Court of Justice, (ICJ*) in favour of the Cambodian government in a case which saw Cambodia lock horns with Thailand over disputed territory surrounding a 900 year old Hindu temple.

Eversheds acted on behalf of the government of Cambodia. The team was led by Singapore-based partner, Rodman Bundy. He was assisted by associate, Naomi Briercliffe.

The clashes between the Cambodian and Thai governments originated in 1962 when it was decided that Cambodia could legally assert its claim to the Preah Vihear Temple, but more contentious was the issue of the area around it – which was most accessible from the Thai side and which was never fully demarcated.

Tensions were reignited between the two countries in 2011 when Cambodia sought to have the temple and the vicinity around it registered as a World Heritage Site. The Cambodian government asked for an interpretation of the original judgment from the ICJ in a bid to seek clarity. Thailand has had military forces occupying the surrounding area for decades, but following the judgment, the Thai government has been compelled to withdraw its militia.

Notably, the ICJ did not give Cambodia an unqualified right to all the land as it said it had no jurisdiction to rule on the hill nearby. However, Cambodia’s Prime Minister, Hun Sen stated that the judgment was “a significant step in the right direction.”

Eversheds’ partner, Bundy, commented that the ruling “was an important one” and represented a “successful resolution for [their] client.” He added that it was “hopefully an important step towards peace in the region.”