PHNOM PENH, Cambodia — SK Law Office, with offices in Phnom Penh and Washington, D.C., has released a new white paper titled Thailand’s Legal Actions Concerning Cambodia: Jurisdictional Review and International Law Considerations. The report examines recent public remarks by Thailand’s Acting Prime Minister Phumtham Wechayachai regarding potential legal proceedings involving the Kingdom of Cambodia.
The study, authored by Cambodian attorney Samantha Yem and U.S. international law attorney Bernard Scott Bolls, analyzes jurisdictional principles under international law, relevant treaty obligations, and prior rulings of the International Court of Justice (ICJ). It also outlines possible legal avenues available to both nations while emphasizing constructive engagement through recognized international frameworks.
Background
On August 6, 2025, Thailand’s Acting Prime Minister directed ministries to prepare legal documentation relating to bilateral matters between Thailand and Cambodia. This follows recent reports of differing interpretations regarding certain border areas and the July 28, 2025 ceasefire arrangement.
Key Findings
- Jurisdictional Principles: International law recognizes sovereign immunity and prohibits one state’s domestic courts from exercising jurisdiction over another state’s acts within its own territory.
- ICJ Precedent: The ICJ’s 1962 judgment and 2013 interpretation reaffirmed Cambodia’s sovereignty over the Preah Vihear Temple and surrounding areas, and remain binding on both parties.
- Legal Scope: Any new litigation would require procedural consent under international law and meet evidentiary and jurisdictional requirements.
Potential Legal Pathways for Thailand
- Domestic court filings for interpretation under Thai law
- ICJ proceedings or advisory opinions through UN bodies
- ASEAN dispute-settlement mechanisms under the ASEAN Charter
- UN General Assembly or Security Council deliberations
Potential Options for Cambodia
- Reaffirm existing ICJ decisions in diplomatic and legal forums
- Clarify jurisdictional positions to international bodies
- Consider neutral third-party observation in disputed areas
- Prepare formal documentation for bilateral or multilateral discussions
Conclusion
The white paper notes that jurisdiction, procedural consent, and treaty interpretation are central to any prospective legal action. Both Thailand and Cambodia have opportunities to address the matter within recognized dispute resolution mechanisms under international law.
The full white paper is available at: https://www.skscottlaw.com
info@skscottlaw.com
Media Contact
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SK & Scott Law Firm
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Samantha Yem
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