THE JURISDICTION OF THE INTERNATIONAL COURT OF JUSTICE (ICJ) AND THAILAND’S STATUS UNDER THE PRINCIPLE OF STATE CONSENT: A LEGAL ANALYSIS UNDER INTERNATIONAL LAW

Abstract

Thailand’s status regarding the jurisdiction of the International Court of Justice (ICJ) is a significant issue under the principle of “state consent,” which serves as a fundamental concept in international law that emphasizes state sovereignty and equality. This study employs a legal research methodology, analyzing provisions in the ICJ Statute, key judgments, and Thailand’s conduct in granting or withholding jurisdiction—particularly its withdrawal of the declaration under Article 36(2), reservations to international treaties, and its preference for bilateral mechanisms in dispute resolution.

The Preah Vihear Case is treated as an exception to the general rule, based on ad hoc consent rather than acceptance of the Court’s general jurisdiction. At the same time, the Joint Boundary Commission (JBC), established under the 2000 Memorandum of Understanding between Thailand and Cambodia, is regarded as a form of “lex specialis,” which takes precedence over general international legal mechanisms, such as unilateral submission to the ICJ.

The author recommends that Thailand establish a systematic database of treaty reservations and international obligations to guide the long-term development of its international legal strategy. Moreover, enhancing the capacity of legal and diplomatic personnel is essential for managing international disputes effectively while upholding the principle of state sovereignty.