
Thailand and Cambodia have long been uncertain about the border, resulting in overlapping areas claimed by both sides including the 4.6-square-kilometre area of the Preah Vihear temple which has been sitting at the core of a conflict between the two countries for months.
There would be no problem if the temple was located deeper inside Cambodia's territory as Phnom Penh would have enough land as a buffer zone for the World Heritage site. The border dispute arose after Cambodia included the overlapping 4.6-square-kilometre area into its application for World Heritage status, sparking Thai fears about loss of territory.
The application for Phreah Vihear's listing was endorsed by the World Heritage Committee, although Thailand withdrew its support and the overlapping area was not included. However, Thai nationalists called a series of protests to accuse the Samak Sundaravej government of causing loss of territory to Cambodia, prompting |troop deployments into the area in question.
The two countries have put considerable efforts into restoring calm to the matter over the past month after the military stand-off since July 15. Soldiers on both sides needed to return to their bases before the July 15 developments and the uncertainty over the boundary needed to be decided. The border line would be determined only by the JBC with mapping and border experts.
Street protests, unnecessary diplomatic scuffles and |military rifts have so far achieved nothing.
Despite some progress from a series of meetings by the foreign ministers, the boundary demarcation is a very difficult task - perhaps the most difficult job for immediate neighbours who share a fence.
It is complicated by the sands of time as the watersheds that have been regarded as the boundary line have not stayed the same. Nature has continually moved them.
By concept and procedure, it is also very difficult for officials to make deals on territory with neighbouring countries when the citizens of both countries are championing for nationalism and they care about every inch of territory.
Nearly two months from now, before the JBC meeting in October, the Foreign Ministry faces many uphill tasks to get a mandate from the Parliament for boundary negotiations in accordance with Article 190 of the Constitution.
The problem is how much authority the parliament will give to the Thai negotiators in the JBC and how much room for negotiation they can have.
Negotiation is a matter of give and take and how the negotiators perform their task is dependent on Parliament giving them a flexible mandate, since Thailand is reluctant to part with even a single inch of territory.
Article 190 also requires public hearings on any agreement that the government attempts with a foreign country involving changes to territory.
The Foreign Ministry has already had a bitter experience with the legal consequences of Article 190 when the Constitution Court ruled that a joint communiqué former foreign minister Noppadon Pattama signed with Cambodian Deputy Prime Minister Sok An to support an application to list Preah Vihear as a World Heritage site was invalid. Noppadon was forced to step down and many senior officials are facing legal suits for violation of the Constitution.
All officials will be testing the limits again when the Foreign Ministry proposes a framework for JBC talks to Parliament to seek a useful mandate for negotiators.