30/12/2009
The Nation
The Central Administrative Court on Wednesday ruled to nullify a Cabinet resolution under the Samak Sundaravej government related to the Cambodian registration of Preah Vihear Temple as a World Heritage Site.
Last year the Samak government authorised its foreign minister Noppadon Patama to sign a memorandum of understanding related to the overlapping borders surrounding the temple.
The People's Alliance for Democracy cried foul on the ground that the MOU and its attached map would tantamount to conceding the Thai territory to Cambodia.
A group of 13 PAD complainants filed an administrative lawsuit seeking to nullify the authorisation for signing the MOU. They also sought and received the court injunction to put the Cabinet resolution and the MOU on hold pending the completion of judicial review.
In the verdict, the court ordered the cancellation of the Cabinet resolution after finding that the Samak government failed to follow the procedures prescribed for international negotiations impacting on the borders.
Under the Constitution and relevant laws, such negotiations must be done under the legislative scrutiny. But the Samak government bypassed Parliament and tried to push through the MOU without consulting with the Council of State.
The Nation
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