1961

ICJ

Case concerning the Temple of Preah Vihear Cambodia v Thailand Preliminary Objections

Cambodia had based herself on the combined effect of her own acceptance of the compulsory jurisdiction and a declaration made by Thailand 1950, extending compulsory jurisdiction of PCIJ. Thailand rose as preliminary objection to jurisdiction that the declaration was not a valid acceptance of compulsory jurisdiction. Thailand had become a party to the statute 1946 eight months after the demise of the PCIJ. Her acceptance of compulsory jurisdiction of the PCIJ could not be transferred to the ICJ

Thailand declaration’s 1950 did reveal a clear intention to recognize as compulsory the jurisdiction of the Court. Applying normal canons of interpretation that declaration could not have other meaning. Thailand was fully aware of the non existence of the PCIJ and her declaration could not have other purpose that recognise compulsory jurisdiction of ICJ