The preah vihear case and regional customary law

Abstract

The issue of the Preah Vihear case (1962) in international law has long been debated, and even today creates tensions between Thailand and Cambodia. This article analyses Siam's position within the international law structure in the early twentieth century when the issue arose; it also reminds the reader of a tradition in international law theory which does not consider international law and municipal law as essentially different, and on this basis suggests that there is a regional (Buddhist) customary law and regional principles in Thailand and the surrounding regions of Southeast Asia that could profitably have been considered by the International Court of Justice.