Journal articles: 'Law, cambodia'

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Williams, Sarah. "Public International Law." International and Comparative Law Quarterly 53, no. 1 (January 2004): 227–45. http://dx.doi.org/10.1093/iclq/53.1.227.

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In May 2003 the United Nations General Assembly approved an agreement between the United Nations and the Cambodian government (UN Agreement) providing for United Nations assistance in the establishment and operation of ‘Extraordinary Chambers’ within the domestic court structure of Cambodia.1The UN Agreement is the result of a lengthy process of negotiation between the United Nations and the Cambodian government, with the intervention of several interested states.2The final agreement reflects a compromise between the need to address impunity and the need to preserve Cambodian sovereignty.

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Trzcinski, Leah M., and Frank K. Upham. "Creating Law from the Ground Up: Land Law in Post-Conflict Cambodia." Asian Journal of Law and Society 1, no. 1 (February 24, 2014): 55–77. http://dx.doi.org/10.1017/als.2013.3.

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AbstractSince 1990, successive waves of foreign experts have introduced legal transplants into Cambodia dealing with the possession, use, and ownership of land. The Land Law of 2001, sponsored by the World Bank, first created a registration system that made land ownership dependent exclusively on a central cadastral registry. The 2007 Civil Code, sponsored by the Japanese International Cooperation Agency, subsequently cast doubt on the exclusivity of the registry by declaring it only presumptive evidence of ownership. Both laws are based on foreign models that presume economic, technical, and professional resources that Cambodia, as a very poor, post-conflict country, lacks. Despite recent efforts to reconcile the laws, implementation remains uneven and legal ambiguity persists. While it is too early to make conclusive judgments, the Cambodian experience brings into question not only the wisdom of top-down foreign intervention but also the desirability of any form of centralized formal legal construction in a society without the necessary social, political, and institutional prerequisites.

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Weeramantry, Romesh. "International Investment Law and Practice in the Kingdom of Cambodia: An Evolving ‘Rule Taker’?" Journal of World Investment & Trade 18, no. 5-6 (December 7, 2017): 942–73. http://dx.doi.org/10.1163/22119000-12340067.

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Abstract Cambodia has undertaken several initiatives to attract foreign direct investment (FDI), which has been growing rapidly in recent years, particularly through participating in Association of South East Asian Nations (ASEAN) investment agreements and free trade agreements (FTAs). This article first outlines Cambodia’s arbitration law and practice, its Law on Investment, the court system, problems relating to corruption, and foreign direct investment (FDI) patterns. It then surveys trends in Cambodia’s comparatively belated signing of investment treaties, and their main contents (including recent treaties with India and Hungary, adopting very different models). The article then discusses the only investment arbitration instituted against Cambodia, which was successfully defended, followed by a comment on the future prospects for Cambodia’s investment treaty program.

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Boyle, David. "Establishing the responsibility of the Khmer Rouge leadership for international crimes." Yearbook of International Humanitarian Law 5 (December 2002): 167–218. http://dx.doi.org/10.1017/s1389135900001070.

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Dragged reluctantly into the debate over Khmer Rouge accountability, the United Nations Secretariat has spent the last five years attempting to find a mutually acceptable judicial structure to try the leaders of the former government of Cambodia for international crimes committed between 1975 and 1979.In response to a request for aid from the Cambodian government in June 1997, the UN originally came down in favour of establishing a thirdad hocInternational Criminal Tribunal. Taking that proposal as a starting point, this paper documents the series of events leading the Organisation towards unwilling participation in potentially unjust domestic trials after Cambodia's refusal of the UN proposal. Each time the negotiations seemed to have broken down, the UN and Cambodia came under pressure from certain Member States to return to the negotiating table. Beset with its responsibility in supporting the Khmer Rouge after the Vietnamese invasion in 1979, the UN compromised successively concerning the nature of the court (part 3) and its structure (part 4). A consensus finally seemed to have been reached in July 2000, when a UN negotiating team left Phnom Penh with a draft Memorandum of Understanding concerning ‘significant international co-operation’ in trials before ‘Extraordinary Chambers’ of the Cambodian courts (the ‘draft MOU’). However, the law finally promulgated on 10 August 2001 in order to set up these Chambers (the ‘Tribunal Law’) was not entirely consistent with the terms of the draft MOU, the exact legal status of which then became a bone of contention (part 5).

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5

Hall, John. "In the Shadow of the Khmer Rouge Tribunal: The Domestic Trials of Nuon Paet, Chhouk Rin and Sam Bith, and the Search for Judicial Legitimacy in Cambodia." Law & Practice of International Courts and Tribunals 5, no. 3 (2006): 409–77. http://dx.doi.org/10.1163/157180306778938700.

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AbstractIn 1994, Khmer Rouge guerrillas attacked a train in Kampot province, Cambodia, taking hostage three young Western backpackers. Two months later, after negotiations for their release collapsed, the three were murdered. Australian, British, and French government representatives exerted considerable diplomatic pressure on the Cambodian government, demanding that those responsible for the kidnapping and murders be brought to justice. In response, three former Khmer Rouge commanders, Chhouk Rin, Nuon Paet and Sam Bith, were arrested, and in a series of trials that lasted from 1999 until 2006, were convicted and sentenced to life imprisonment by Cambodian domestic courts.Crucially, these trials took place in the middle of difficult negotiations between Cambodia and the United Nations over the scope and nature of the proposed Khmer Rouge tribunal. A key point of disagreement was over the proper role in the tribunal for Cambodia's notoriously inefficient, corrupt and government-dominated judiciary. For that reason, the trials became a closely watched test of the Cambodian legal system, and took on a symbolic weight unusual for domestic trials. Dismissed by some observers as mere show trials aimed at legitimizing Prime Minister Hun Sen on the international stage, the trials nevertheless marked a significant step forward in the development of a functioning – albeit seriously flawed – judiciary.This article is the first to examine these highly significant cases. The Paet, Bith and Rin trials demonstrate the ability of Cambodian judges to convict Khmer Rouge members brought before them; what remains less clear is whether the Cambodian judicial appointees to the tribunal will be capable of meeting internationally recognized standards of justice. Perhaps, if permitted by their government to do so, they will grow to meet this historic challenge. If they do not, then the trials of Paet, Bith and Rin, may prove to be the high watermark in the search for judicial legitimacy in Cambodia.

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MEISENBERG, Simon M. "Complying with Complementarity? The Cambodian Implementation of the Rome Statute of the International Criminal Court." Asian Journal of International Law 5, no. 1 (April 8, 2014): 123–42. http://dx.doi.org/10.1017/s2044251314000010.

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Learning from past atrocities, Cambodia has taken positive steps to ensure that future international crimes may be adequately prosecuted through its ratification of the Statute of the International Criminal Court (ICC) in 2002. However, an effective accountability mechanism and deterrence for any future crimes requires more than simply joining the ICC. There is a growing consensus that Member States should adopt the ICC crimes of genocide, crimes against humanity, and war crimes as part of their domestic law, as the absence of legislation may result in an inability to prosecute under the principle of complementarity. Cambodia has followed this trend and enacted implementing legislation into its new 2009 Cambodian Criminal Code (CCC). Scrutinizing the enacted international crimes provisions in the CCC, it becomes apparent that some modifications and reform to the current Cambodian criminal statutes are necessary in order to comply with the complementarity principle in the ICC Statute.

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7

McCaffrie, Caitlin. "An educational legacy: Exploring the links between education and resilience at the ECCC." Leiden Journal of International Law 33, no. 4 (September 4, 2020): 975–91. http://dx.doi.org/10.1017/s0922156520000424.

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AbstractAbout half a million Cambodians have attended hearings or outreach activities about the Extraordinary Chambers in the Courts of Cambodia (ECCC) since public hearings began in 2009. Countless more have watched the trials unfold on television, and increasingly on social media. To date, the majority of conversations around the legacy of the ECCC have come from international scholars focusing on the legal impact the trials may have. This article instead presents the often-missing views of Cambodian youth about the Tribunal. It also, more broadly, explores the ECCC’s impact on education and young people’s understanding of history. Based on research carried out with university students, this article argues that the contribution of the ECCC to education has often been overlooked and is in fact one of its most significant legacies. In Cambodia, government and non-government organizations, as well as academic institutions, have the unique opportunity to incorporate testimony, footage, and documents from the ECCC into their programmes, greatly adding to the existing repertoire of Khmer-language resources dealing with the past. The result is a more well-rounded programme of transitional justice and reconciliation than the court alone could have provided, and certainly a higher level of external resilience than would have occurred had the court been located outside of Cambodia.

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Baaz, Mikael, and Mona Lilja. "Using International Criminal Law to Resist Transitional Justice." Conflict and Society 2, no. 1 (June 1, 2016): 142–59. http://dx.doi.org/10.3167/arcs.2016.020113.

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An increasing body of literature focuses on negotiations of transitional justice, but not much has been written so far regarding contestations over its practices and the refusal of states and individuals to participate. Given the remaining legalistic dominance, this is particularly true regarding the field of international criminal law. Very little, if any, work in international criminal law engages with the topic of “resistance.” Departing from this gap in research, focusing on Cambodia and the Extraordinary Chambers in the Courts of Cambodia (ECCC), the objective of this article is to introduce, discuss, and analyze the “strategy of rupture”—as developed by the late French lawyer Jacques Vergès—and the ways in which this legal defense has been applied in practice at the ECCC in order to resist not only the Tribunal per se, but also the entire Cambodian transitional justice process and, by extension, the post–Cold War global liberal project.

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9

Un, Kheang. "Cambodia in 2011." Asian Survey 52, no. 1 (January 2012): 202–9. http://dx.doi.org/10.1525/as.2012.52.1.202.

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Abstract Cambodia's economy in 2011 recovered from the global economic downturn with a rise in garment exports. Hun Sen and the ruling Cambodian People's Party further consolidated power via the exercise of rule by law and patronage politics. Relations with Thailand returned to normal; ties with China strengthened with increased assistance and trade. The Khmer Rouge Tribunal proceeded amid allegations of political interference by the Cambodian government, making the further expansion of indictments unlikely.

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10

Keo, Chenda, Thierry Bouhours, Roderic Broadhurst, and Brigitte Bouhours. "Human Trafficking and Moral Panic in Cambodia." ANNALS of the American Academy of Political and Social Science 653, no. 1 (March 28, 2014): 202–24. http://dx.doi.org/10.1177/0002716214521376.

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This article examines the backgrounds of traffickers in Cambodia: why they became involved in trafficking, how they operate, their earnings, and the criminal justice system’s response to their activities. Our research draws from interviews with justice officials, NGOs, and detained alleged traffickers; and from a review of police and prison records. The results challenge alarmist claims about the high prevalence, profitability, or role of organized crime in human trafficking. In Cambodia, 80 percent of incarcerated traffickers are poor uneducated women who lack legitimate opportunities and whose unsophisticated illicit activities earn very little. We argue that the Cambodian government, in return for foreign aid, adopted a repressive law that defines human trafficking ineptly; in the hands of a dysfunctional justice system, the law has turned into an instrument of corruption and injustice against powerless individuals.

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11

Rajagopal, Balakrishnan. "The Pragmatics of Prosecuting the Khmer Rouge." Yearbook of International Humanitarian Law 1 (December 1998): 189–204. http://dx.doi.org/10.1017/s138913590000009x.

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It is generally known that one of the worst acts of mass killings and auto-genocide occurred in Cambodia between 1975–79 during the reign of terror unleashed by the Khmer Rouge (KR) regime. It is estimated that between 1–2 million Cambodians (out of a total population of around 7 million) were killed, starved, or died of malnutrition and disease during this period. The KR regime persecuted religious and ethnic minorities, abolished all religions, private property and money and put the entire population under forced labor. The KR continued such practices in the areas under its control during the 1980s, and conducted a vitriolic and violent campaign against the ethnic Vietnamese in Cambodia until its collapse last year.

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12

Anderson, Emily, and Kelly Grace. "From Schoolgirls to “Virtuous” Khmer Women: Interrogating Chbab Srey and Gender in Cambodian Education Policy." Studies in Social Justice 12, no. 2 (December 29, 2018): 215–34. http://dx.doi.org/10.26522/ssj.v12i2.1626.

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Chbab Srey (Code of Conduct for Women) is an important piece of Khmer literature outlining expected behavior for girls and women in Cambodia. Pieces of the poem are taught in secondary school and interwoven into the educational experiences of girls and female teachers, yet there is little research on Chbab Srey in education. Using discourse analysis, this article considers the influence of Chbab Srey on gender-related education policy in Cambodia. This research highlights the juxtaposition of Chbab Srey and gender mainstreaming in education policy and in the curricular experiences of girls and teachers in Cambodia, and introduces an unexamined and culturally coveted piece of Cambodian curriculum to the fields of teacher-related policy and girls’ education.

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13

Hing, Vandanet. "The Contemporary Cambodian Constitutional Enforcement." Journal of Southeast Asian Human Rights 3, no. 1 (June 26, 2019): 39. http://dx.doi.org/10.19184/jseahr.v3i1.8406.

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Studies conducted on the constitutional law-making process have shown that public participation is a key element of the relationship between the government and its citizens, and legitimizes the whole process. The present paper discusses the relationship between the people and the government on the basis of the Cambodian Constitution, both de jure andde facto. As assessments, it takes the 1993 constitutional making process and the public’s participation thereto. This paper aspires to answer the following questions: firstly, how does the constitutional law-making process impact the exercise of constitutional rights in Cambodia, and, secondly, to what extent does public participation play a role in public affairs, especially insofar as the constitution and law making processes are concerned. It further suggests that the concept of meaningful public consultation on constitution and law making should be incorporated in the Cambodian Constitution.

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14

Thaijongrak, Nathaporn. "The Cross Thai-Cambodian Border’s Commerce Between 1863 -1953 from the View of French’s Documents." European Journal of Economics and Business Studies 9, no. 1 (October 6, 2017): 63. http://dx.doi.org/10.26417/ejes.v9i1.p63-70.

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The purpose of this research aims to study and collect data with detailed information of the cross Thai-Cambodian border’s commerce in the past from French’s documents and to provide information as a guideline for potential development of Thai-Cambodian Border Trade. The method used in this research is the qualitative research. The research instrument used historical methods by collecting information from primary and secondary sources, then to analysis process. The research discovered the pattern of trade between Cambodia and Siam that started to be affected when borders were established. Since Cambodia was under French’s rule as one of French’s nation, France tried to delimit and demarcate the boundary lines which divided the community that once cohabitated into a community under new nation state. In each area, traditions, rules and laws are different, but people lived along the border continued to bring their goods to exchange for their livings. This habit is still continuing, even the living communities are divided into different countries. For such reason, it was the source of "Border trade” in western concept. The Thai-Cambodian border’s trade during that period under the French protectorate of Cambodia was effected because of the rules and law which illustrated the sovereignty of the land. At the same time, customs have been defined including several details that have affected the traditional trade. The border’s commerce was more sophisticated. The products had transformed according to the needs of the developed world market and social conditions.

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15

RYNGAERT, CEDRIC. "The Doctrine of Abuse of Process: A Comment on the Cambodia Tribunal's Decisions in the Case against Duch (2007)." Leiden Journal of International Law 21, no. 3 (September 2008): 719–37. http://dx.doi.org/10.1017/s092215650800527x.

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AbstractThe Cambodia Tribunal's co-investigating judges' first order, for the provisional detention of Duch, one of the suspects for the atrocities committed by the regime of Democratic Kampuchea in the 1970s, addresses the application of the doctrines of male captus bene detentus and abuse of process. The order, confirmed by the pre-trial chamber, states, relying on those doctrines, that Duch's unreasonably long prior detention, ordered by the Cambodian Military Court, does not bar his provisional detention by the Cambodia Tribunal. This article argues that the order is in accordance with applications of the relevant doctrines by the international criminal tribunals in similar cases, and that, absent involvement of the international or hybrid tribunal, abuse of process can, and should, only be successfully applied in case of torture or serious mistreatment of the suspect.

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16

Sperfeldt, Christoph. "Minorities and Statelessness: Social Exclusion and Citizenship in Cambodia." International Journal on Minority and Group Rights 27, no. 1 (December 16, 2020): 94–120. http://dx.doi.org/10.1163/15718115-02701002.

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Abstract More than 75 per cent of the world’s known stateless belong to minorities. Building upon ethnographic research conducted between 2008–2017, this paper considers the case of ethnic Vietnamese minority populations in Cambodia. Members of this group are long-term residents, having been born and raised in the country for generations, with the exception of the period during the Khmer Rouge regime when they were forcibly deported to Vietnam. Since their return to Cambodia in the early 1980s, individuals from this group have been regarded by Cambodian authorities as ‘immigrants’. This paper examines how discriminatory policies, laws and administrative practices regulate individual and collective identities, while creating categories that determine social inclusion and exclusion. In doing so, this paper makes visible the ambivalence of law and rights – both as tools for the construction of exclusionary citizenship, but also as instruments which minorities to contest their social exclusion.

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Teeuwen, Aekje. "Juvenile Defendants’ Right to be Tried within a Reasonable Time in Cambodia: An International Human Rights Analysis." Youth Justice 19, no. 1 (March 15, 2019): 42–62. http://dx.doi.org/10.1177/1473225419833825.

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A delay in proceedings pending trial has a significant impact on defendants, particularly juveniles. The majority of prominent human rights instruments and their governing bodies seek to address the right to be tried within a reasonable time. Nevertheless, the unique position of juvenile defendants in relation to this right is considered with substantial inconsistency. Cambodia has ratified several international treaties acknowledging this fundamental right and recently adopted the Juvenile Justice Law. Consequently, this article examines the extent to which the right for juvenile defendants to be tried within a reasonable time has been incorporated into the relevant international, as well as the Cambodian legislative framework, and case law.

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Pham, Phuong N., Mychelle Balthazard, Niamh Gibbons, and Patrick Vinck. "Perspectives on memory, forgiveness and reconciliation in Cambodia's post-Khmer Rouge society." International Review of the Red Cross 101, no. 910 (April 2019): 125–49. http://dx.doi.org/10.1017/s1816383119000213.

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AbstractTransitional justice is a conspicuous feature of responses to mass atrocities. Rooted in accountability and redress for victims, transitional justice mechanisms influence and are influenced by collective memory of conflicts. This article looks at the dynamics between memory, trauma and forgiveness in Cambodia. Thirty years after the Khmer Rouge regime, Cambodians expressed limited knowledge of the past, a strong desire for the truth, and lingering feelings of hatred. The Extraordinary Chambers in the Courts of Cambodia (ECCC) created or renewed demand for truth, along with some desire for harm to come to the wrongdoers. Although the ECCC was set up several decades after the mass atrocities, the data suggest that the ECCC and the civil society movement associated with it may have had positive outcomes on addressing the legacy of the violence.

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Labrecque, Georges, and Gary Klintworth. "Vietnam's Intervention in Cambodia in International Law." Pacific Affairs 63, no. 4 (1990): 590. http://dx.doi.org/10.2307/2759949.

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20

Russell, Ray. "Land law in the kingdom of Cambodia." Property Management 15, no. 2 (June 1997): 101–10. http://dx.doi.org/10.1108/02637479710168883.

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21

Joamets, Kristi, and Muy Seo ngouv. "A Child’s Right to Be Heard and Be Represented in the Criminal Procedure: A Comparative Analysis of Estonian and Cambodian Law to CRC." Baltic Journal of European Studies 9, no. 4 (December 1, 2019): 127–49. http://dx.doi.org/10.1515/bjes-2019-0040.

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Abstract This paper analyses the legal and practical implementation of the right to be heard and be represented of children in criminal proceedings, both in the framework of the United Nations Convention on the Rights of the Child (CRC) and in the context of Estonian and Cambodian legal systems. Estonia has been chosen as a model state of EU by which also the EU principles are reflected. Particularly, this paper provides a comparative analysis of the implementation of a child’s right to be heard and be represented in Estonia and Cambodia by examining the legal standards concerning children’s right to be heard and be represented enshrined under the CRC together with the regulations and policies of each respective country, and, to a smaller extent, how the principles of the CRC are reflected in EU law and policies. Examples of actual practices in Estonia and Cambodia are discussed to understand whether both countries are compliant with the principles of the CRC. This paper suggests that Estonia and Cambodia both acknowledge their human rights obligations regarding children’s rights, and their legal regulations and policies are in accordance with the CRC principles. However, there remain gaps in the implementation of these policies and regulations in both countries. This view is justified by the analysis of the performance of judicial professionals, including judicial police, lawyers, prosecutors and judges. While critically analyzing the challenges, this article also suggests changes to address the problem.

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Gruspier, Katherine, and Michael S. Pollanen. "Forensic Legacy of the Khmer Rouge: The Cambodian Genocide." Academic Forensic Pathology 7, no. 3 (September 2017): 415–33. http://dx.doi.org/10.23907/2017.035.

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The people of Cambodia were subjected to widespread forced migration and labor, disease, starvation, torture, murder, and indeed, genocide over a period of four years during the control of the country by Pol Pot and the Khmer Rouge in the 1970s. While the country awaits some form of justice from the hybrid tribunal hearing cases against a few of the perpetrators of these crimes, it has undertaken to memorialize the dead in visible monuments in order that the people remember and never allow it to happen again. This paper outlines the few forensic investigations which have been undertaken on the remains of the deceased from this period in Cambodia's history. The current status of the legal proceedings and the current death investigation system in Cambodia are also presented. There is a wealth of objective forensic information that can be gathered from analyzing the remains that have been disturbed and placed in monuments (stupas), and also in the undisturbed graves across the country. This information cannot only assist in any legal proceedings, but can aide in training medicolegal experts in Cambodia for the future good of the country and its rule of law.

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23

Maqsood, Safwan. "The Criminal Justice in Cambodia - Selection after Lapse of Time -." Journal of Law 10, no. 1 (January 1, 2013): 131–61. http://dx.doi.org/10.12785/law/100103.

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LAWRENCE, Benjamin. "Outlawing Opposition, Imposing Rule of Law: Authoritarian Constitutionalism in Cambodia." Asian Journal of Comparative Law 15, no. 2 (December 2020): 225–49. http://dx.doi.org/10.1017/asjcl.2021.4.

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AbstractCambodia's Constitution, promulgated in September 1993, was to be the foundation of a transition to liberal, multiparty democracy. Yet, despite the document's seeming commitment to those very principles, constitutional provisions are frequently used to undermine liberal rule of law and to impose restrictions on political processes, freedoms, and rights. Focusing on the events of 2016–2017, including the jailing of opposition politicians, controversial legal reforms, and the dissolution of the country's foremost opposition party, this article demonstrates how authoritarian practices in Cambodia are framed in terms of adherence – even fidelity – to the Constitution. Further, it explores how ideas of ‘stability’ and ‘law and order’ often elide with those of rule of law in discourses and practices that simultaneously exalt and hollow out the normative power of the Constitution. This article posits that a socio-legal approach that pays particular attention to discourse can shed new light on the empirical fact of authoritarian constitutionalism, but also the processes of meaning-making that accompany, facilitate, and legitimize its practice. Far from merely a sham, then, Cambodia's Constitution – like many others – is imbricated in a complex web of contestation and legitimation that extends far beyond the walls of any courtroom.

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Main, John. "Cambodia 1975–1978: rendevous with death and Vietnam's intervention in Cambodia in international law." International Affairs 66, no. 4 (October 1990): 848–49. http://dx.doi.org/10.2307/2620437.

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Destrooper, Tine. "Accountability for Human Rights Violations in Cambodia: Mapping the Indirect Effects of Transitional Justice Mechanisms." Asia-Pacific Journal on Human Rights and the Law 19, no. 2 (December 18, 2018): 113–39. http://dx.doi.org/10.1163/15718158-01902002.

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When studying accountability for human rights violations in Cambodia, it is crucial to understand the role human rights non-governmental organisations (ngos) can play in holding duty-bearers accountable. This article consists of two parts. The first traces how some prominent Cambodian ngos use the language of human rights and which issues they prioritise. The analysis shows that issues related to civil and political rights dominate their discourse, while there is remarkably little attention to issues relating to economic, social and cultural rights. This prioritisation is not rooted in popular priorities, nor can it be adequately explained by referring to mainstream theories of donor influence or professionalised elites. To better understand where these priorities come from, the second part of the article examines the Cambodian transitional justice process. This analysis shows a significant overlap between the priorities of the selected ngos and those of the Extraordinary Chambers in the Courts of Cambodia (eccc). It is therefore argued that transitional justice mechanisms, like the eccc, may have an agenda-setting power far beyond what is commonly assumed. In this specific case, this influence raises questions about accountability for past and on-going violations of economic, social and cultural rights.

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McCann, Gregory, Keith Pawlowski, and Soukhon Thon. "The occurrence of Indochinese Serow Capricornis sumatraensis in Virachey National Park, northeastern Cambodia." Journal of Threatened Taxa 14, no. 6 (June 26, 2022): 21149–54. http://dx.doi.org/10.11609/jott.7761.14.6.21149-21154.

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The Mainland Serow Capricornis sumatraensis is an under-studied, enigmatic rupicarin in the family Bovidae that lives in remote parts of the interior of Cambodia’s mountain ranges, most of which border neighboring countries. Their population status in Cambodia is unclear but thought to be in decline. Our records stem from steep forested areas and never in open meadows or clearings. Our fairly robust camera trap records, including direct observations, suggest that Virachey National Park in the northeastern corner of the country might be the species’ last best chance for survival in the wild in Cambodia.

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McCarthy, Stephen, and Kheang Un. "The evolution of rule of law in Cambodia." Democratization 24, no. 1 (December 28, 2015): 100–118. http://dx.doi.org/10.1080/13510347.2015.1103736.

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Joyce, Richard. "Sovereignty and IMF Intervention in Cambodia." Griffith Law Review 12, no. 2 (January 2003): 166–89. http://dx.doi.org/10.1080/10383441.2003.10854517.

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Seewald, Kate. "Shrinking Space for Free Expression in Cambodia during Covid-19." Journal of Southeast Asian Human Rights 4, no. 1 (June 27, 2020): 140. http://dx.doi.org/10.19184/jseahr.v4i1.18093.

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In Covid-19, a vast number of countries have faced their biggest public health crisis in a century. For many such countries, the pandemic has emerged at a critical juncture following consecutive years of so-called democratic backsliding, where political space has narrowed and fundamental freedoms are under increasing threat. This trend is particularly observable within hybrid regimes under “Strongman” rule. A question posed by the Covid-19 crisis is the extent to which such regimes are taking advantage of the pandemic in order to hastily usher in new restrictions on human rights. Such leaders, it has been claimed, are actively capitalising on the crisis to further cement their rule, and to rapidly stock their arsenals with weapons of “lawfare” to more efficiently quash current or future dissent. A secondary, related question is the extent to which such accusations are being unfairly levelled against leaders of hybrid regimes for taking steps that liberal democracies are also taking without the same level of scrutiny from international observers. After all, the legitimate limitation by states of citizens’ exercise of their rights in times of exception is a norm firmly set out in international law. This article uses a case study of Cambodia, focusing on the impact of its Covid-19 response on the exercise of free expression. Applying the “three-part test,” it analyses whether Cambodia’s response falls within the permissible restrictions on freedom of expression during a time of normalcy (given Cambodia, at the time of writing, has not declared a state of emergency). It then also assesses whether Cambodia’s newly promulgated Emergency Law should be seen as a clear case of a hybrid regime exploiting Covid-19 to hasten restrictions on rights, or whether the criticism levelled against it is excessive, given the constitutional basis for such legislation and the critical nature of the Covid-19 pandemic.

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Orentlicher, Diane. "‘Worth the Effort’?" Journal of International Criminal Justice 18, no. 3 (June 15, 2020): 615–40. http://dx.doi.org/10.1093/jicj/mqaa028.

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Abstract Every international and hybrid war crimes court has attracted a measure of controversy, but none more than the Extraordinary Chambers in the Courts of Cambodia (ECCC). While myriad aspects of the ECCC’s record are crucial to its legacy, this article explores one question of overarching importance: whether its performance has justified a key risk the UN assumed when it agreed to support the court — that case selection would be improperly influenced by the Cambodian government. More particularly, it assesses the ECCC’s performance in light of two questions: How well have safeguards against political interference worked? Are survivors of Khmer Rouge atrocities and other Cambodian citizens satisfied with ECCC justice? Along with their intrinsic importance, these benchmarks for assessment derive from the primacy of both considerations in deliberations leading to the Court’s creation.

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Gangopadhyay, Partha, Siddharth Jain, and Agung Suwandaru. "What Drives Urbanisation in Modern Cambodia? Some Counter-Intuitive Findings." Sustainability 12, no. 24 (December 8, 2020): 10253. http://dx.doi.org/10.3390/su122410253.

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The history of urbanisation in Cambodia is a fascinating case study. During 1965–1973, the Vietnam war triggered the mass migration of Cambodians to the urban centres as its rural economy was virtually annihilated by an unprecedented cascade of aerial bombardments. During the Pol Pot regime, 1975–1979, urban areas were hastily closed down by the Khmer Rouge militia that led to the phase of forced de-urbanisation. With the ouster of the Pol Pot regime, since 1993 a new wave of urbanisation has taken shape for Cambodia. Rising urban population in a few urban regions has triggered multidimensional problems in terms of housing, employment, infrastructure, crime rates and congestions. This paper investigates the significant drivers of urbanisation since 1994 in Cambodia. Despite severe limitations of the availability of relevant data, we have extrapolated the major long-term drivers of urbanization by using autoregressive distributed lag (ARDL) analysis and nonlinear autoregressive distributed lag (NARDL) models. Our main finding is that FDI flows have a significant short-run and long-run asymmetric effect on urbanisation. We conclude that an increase in FDI boosts the pull-factor behind rural–urban migration. At the same time, a decrease in FDI impoverishes the economy and promotes the push-factor behind the rural–urban migration.

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Norpoth, Johannes, Markus Kaltenborn, and Carina Neset. "Implementation of the H&M Global Framework Agreement in Cambodia: Producing Outcomes for Industrial Democracy Despite a Challenging Context?" International Journal of Comparative Labour Law and Industrial Relations 36, Issue 2 (June 1, 2020): 169–94. http://dx.doi.org/10.54648/ijcl2020010.

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Global Framework Agreements (GFAs) are expected to be a more effective instrument for safeguarding collective labour rights in global supply chains than the unilateral instruments of private regulation adopted previously. The direct involvement of global union federations as contractual partners has significant potential in this regard. However, the effects of GFAs in supply chains have so far been under-researched. Since the exercise of collective labour rights is often prevented or undermined in producer countries of the Global South, and global supply chains are characterized by unstable and volatile relationships between global brands and local suppliers, the effective local implementation of GFAs faces particular challenges. Against this background, this article provides a qualitative analysis of expert interviews to examine how the implementation of the GFA of the global fashion brand H&M in Cambodia has influenced power relations between key stakeholders in the Cambodian garment industry and to what extent the agreement contributes to promoting ‘industrial democracy’ in the H&M supply chain in Cambodia. Platform Work, Temporary Agency Work, Temporary Agency Work Directive, Atypical Employment

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deGuzman, Margaret M. "Justice In Cambodia: Past, Present, And Future." Criminal Law Forum 19, no. 2 (June 2008): 335–51. http://dx.doi.org/10.1007/s10609-008-9069-6.

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35

Brickell, Katherine. "Gendered violences and rule of/by law in Cambodia." Dialogues in Human Geography 6, no. 2 (July 2016): 182–85. http://dx.doi.org/10.1177/2043820616655017.

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36

Ratner, Steven R. "The Cambodia Settlement Agreements." American Journal of International Law 87, no. 1 (January 1993): 1–41. http://dx.doi.org/10.2307/2203851.

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On October 23, 1991, representatives of nineteen states participating in the Paris Conference on Cambodia signed a set of accords aimed at ending the twenty-year-old conflict in that country. The solemn ceremony at the Kleber Center in Paris marked the conclusion of over three years of intensive negotiations at a variety of levels, including interfactional, regional and international, to end one of the world’s most tragic regional disputes. It also signaled the beginning of an unprecedented role for the United Nations in the resolution of such conflicts.

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Bertelman, Hanna. "International Standards and National Ownership? Judicial Independence in Hybrid Courts: The Extraordinary Chambers in the Courts of Cambodia." Nordic Journal of International Law 79, no. 3 (2010): 341–82. http://dx.doi.org/10.1163/157181010x512558.

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AbstractThe Extraordinary Chambers in the Courts of Cambodia (ECCC) was established in 2004 through an agreement between the United Nations (UN) and the Cambodian government, as a means to address the crimes committed during the Khmer Rouge regime in Cambodia between 1975 and 1979. The ECCC is one in a row of international judicial institutions set up in response to gross violations of human rights, known as 'hybrid' courts, encompassing both national and international elements in their structure, composition and jurisdiction. Hybrid courts, allowing for a higher degree of participation by national actors, are expected to be better placed to give long-lasting effects in the societies in which mass atrocities have taken place. This article examines that claim with regard to the ECCC, and explores the value added by participation by various national actors in the judicial proceedings. After giving an overview of international standards of judicial independence, it provides an analysis of concerns that may be raised with regard to the judicial independence of the ECCC. This article argues that some aspects of national ownership may be promoted at the cost of lowering international standards of justice, and may cause an overall lack of ownership or accountability of the proceedings.

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Hung, Vo Minh, Nguyen Hung Vuong, Phan Thi Mai Tram, Nguyen Van Tuan, and Vo Mau Thuong. "INCREASING SECURITY AND POLITICAL COOPERATION BETWEEN CAMBODIA-CHINA IN THE SECOND DECADE OF THE 21ST CENTURY." Journal of Law and Sustainable Development 12, no. 2 (February 27, 2024): e1482. http://dx.doi.org/10.55908/sdgs.v12i2.1482.

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Purpose: The purpose of the article is to analyze the China-Cambodia system for the period 2010-2020 in the context of security and politics, thereby examining the quality of the relationship, as well as the achieved results and prospects of the bilateral relationship of both sides. Theoretical framework: The research is approached based on theoretical frameworks on international relations, including realism, and liberalism with basic arguments about the nation, the issue of power, the national interest, and the problem of harmonizing attractions. Design/methodology/approach: The research uses interdisciplinary methods in social sciences, such as historical and logical methods; international relations research methods; and politics. Findings: The China-Cambodia security and political system is a relationship that has gone through many ups and downs with its long history, basically throughout the process of the system is that the interests of the two sides are still the priority, although there are separate characteristics in general, the relationship between the two countries is quite close, with little fluctuations about the mutual benefit. Research practical and social implications: The article contributes to clarifying the Cambodia-China relationship and the impact of this relationship. The report can support further studies on this topic in the future in Vietnam. Originality/value: The study of Cambodia-China relations is critical in Vietnam, contributing to policy forecasting in international relations in East Asia.

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Santoli, Al. "Endless Insurgency: Cambodia." Washington Quarterly 8, no. 2 (April 1985): 61–72. http://dx.doi.org/10.1080/01636608509450269.

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40

Hing, Bill Ong. "Deporting Cambodian Refugees: Justice Denied?" Crime & Delinquency 51, no. 2 (April 2005): 265–90. http://dx.doi.org/10.1177/0011128704273468.

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Until recently, the United States did not deport refugees convicted of crimes to the communist-dominated countries of Cuba, Vietnam, Laos, and Cambodia. After all, these refugees had fled persecution, and diplomatic ties between the United States and these countries are not particularly strong. But in March 2002, the United States convinced Cambodia to each month accept the repatriation of a few of its nationals who have been convicted of aggravated felonies. These individuals have served their sentences in the criminal justice system, and the vast majority either fled the killing fields of Cambodia as toddlers or were born in Thai refugee camps. Is justice really being served by their deportation?

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Dina, THOL, and OEUR Il. "A Decade of Communal Land Titling in Cambodia: Achievements and Ways Forward." Insight: Cambodia Journal of Basic and Applied Research 1, no. 02 (December 31, 2019): 99–107. http://dx.doi.org/10.61945/cjbar.2019.1.2.6.

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It is widely acknowledged that there are 24 indigenous groups (IPs) in Cambodia. These groups are concentrated in north eastern provinces of Ratanakiri, Mondulkiri, Stung Treng, Kratie and Preah Vihear, where they have lived for many generations. They are also present elsewhere in the country. IPs’ rights in Cambodia, particularly rights to land resources have been legally recognized in the Land Law 2001 (Article 23 to 28). Further, Sub-decree No. 83 (2009) on the ‘Procedure of Communal Land Title Registration’, aligned with the Forestry Law (2002), and the Protected Area Law (2009) provides detailed guidelines on how Indigenous Peoples may register communal land. During the early 2010s, a communal land titling project was piloted in two Indigenous communities in Ratanakiri and another in Mondulkiri province, with the assistance of the German Technical Cooperation Agency (GTZ) and Danish International Development Agency (Danida). These communities obtained communal land titles (CLTs) over a period between 2011 and 2013. Since 2013, the Royal Government of Cambodia has financially supported the CLTs through the Ministry of Land Management, Urban Planning, and Construction (MLMUPC). By December 2019, the MLMUPC had received 68 applications for the registration of communal land titles by different Indigenous communities. Of these applicants, 30 had received CLTs. After almost a decade of implementing CLTs registration project, Cambodia has performed relatively well within the Southeast Asian context in terms of recognizing the rights of Indigenous people to land resources. However, the land titling process needs to be simplified, if the time taken to issue CLTs is to be reduced. Technical challenges related to the preliminary mapping process often delay decisions about the allocation of land within protected areas to Indigenous communities.

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STEGMILLER, IGNAZ. "Legal Developments in Civil Party Participation at the Extraordinary Chambers in the Courts of Cambodia." Leiden Journal of International Law 27, no. 2 (February 13, 2014): 465–77. http://dx.doi.org/10.1017/s0922156514000028.

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AbstractFor the first time in the history of international criminal justice, victims of mass crimes have been granted the status of so-called ‘civil parties’ at the Extraordinary Chambers in the Courts of Cambodia (ECCC). This status grants them – at least theoretically – the right to participate in the proceedings as a formal party with broad participatory rights similar to the those of the defence and the prosecution. While the ECCC is exemplary in how it has addressed the issue of victims’ participation, practical necessities and judicial skepticism have led to significant changes in the civil party mechanism and continuously constrained participatory rights. First, changes in the ECCC's Internal Rules have significantly altered the original civil party mechanism and led to a form of victim participation similar to the one practised at the International Criminal Court (ICC), thus departing from the true meaning of a partie civile. Judicial decisions by the ECCC's judges, as well as changes in the Internal Rules, have abrogated the strong civil party mechanism that was originally anticipated in Cambodian criminal procedure law. Second, the practical challenges surrounding victim participation have been enormous. The Court itself was struggling due to lack of funding and lack of prioritization of a meaningful outreach program for victims and civil parties. The ECCC's Public Affairs Section (PAS) and the Victims Support Section (VSS) held the responsibility of reaching out to the general Cambodian population. However, it was Cambodian NGOs that ultimately established a collaborative outreach system and collected more than 8,000 Victim Information Forms (VIFs). All these efforts notwithstanding, only political willingness and a Cambodian discussion of how to deal with the vast number of perpetrators beyond a handful of criminal trials, can lead to a process of coming to terms with one's past.

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43

Davies, Robin. "Cambodia and the GATT." Journal of World Trade 26, Issue 5 (October 1, 1992): 93–98. http://dx.doi.org/10.54648/trad1992034.

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44

Lasongyang, Weerayut, and Shubham Pathak. "LABOR LAW IMPLICATIONS ON MIGRANT WORKERS IN THAILAND AND CAMBODIA." Journal of Law and Sustainable Development 12, no. 2 (February 16, 2024): e3046. http://dx.doi.org/10.55908/sdgs.v12i2.3046.

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Purpose: Employment is the basic right of the citizens, migrants, refugees and all other kinds of residents throughout the globe. International laws, economic zonation, domestic regulations, ordinances and regional policies require timely reviewing and revising to provide fair opportunity to all. However, the scenarios take an adverse turn when disaster strikes. The government, legal system and department framework work in close collaboration to ensure sustainability of the citizens. Theoretical Framework: Thailand has been struggling amid various disasters in the past while maintaining standards of employment through labor laws. However, the literature shows several gaps in the existing labor law which inversely impact upon the migrant workers in Thailand. Methods: The methodology adopted for this study is qualitative methods with data collections tools including the secondary data through the online published resources. The research follows an exploratory approach towards the documentary research method to ensure the inferences among the collected data. Findings: The results depict inadequacies in the existing labor law in Thailand, with reduced rights during the disasters. These adversely impact the implemented laws such as minimum wages, equal opportunities to work, supportive assistance from the governmental channels and professional growth and development of the individuals. Practical Implications: Small and Medium Enterprises (SMEs) being the majority sector providing jobs for both domestic and foreign population requires them to be equipped with robust labor laws. Originality/Value: The study further provides for growth and sustainable development of the ASEAN region as Thailand is the central hub providing job and growth opportunities for all the member nations.

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45

Tann, Boravin. "The Implications of the NGO Law on the Right to Freedom of Association of Human Rights Defenders in Cambodia." Journal of Southeast Asian Human Rights 4, no. 1 (June 27, 2020): 200. http://dx.doi.org/10.19184/jseahr.v4i1.13397.

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The right to freedom of association is of particular importance for human rights defenders. Freedom of association is an indispensable agent for human rights change that permits human rights defenders to maintain their civic space and pursue their mission in promoting and protecting rights and fundamental freedoms in a democratic society. In the current legal and political climate, human rights defenders face increasing challenges in the exercise of their freedom of association and other nexus rights vis-à-vis fulfilling their mission to advocate for other peoples’ rights. The Law on Associations and Non-Government Organizations, also known as LANGO, marks a significant turning point for the de jure and de facto exercise of the freedom of association, in particular for the most vocal and active human rights defenders and human rights organizations in Cambodia. This article first explores core elements, limitations and state obligations concerning the right to freedom of association provided by the international human rights treaties that Cambodia has ratified. It further examines key provisions of LANGO regarding the right to freedom of association of human rights defenders. It highlights that LANGO presents a critical challenge to the freedom of association due to its fundamental flaws, ambiguities and inconsistencies concerning its provisions on establishment, operation and suspension or dissolution of associations. This article concludes that LANGO offers extensive regulatory guidelines for all associations and NGOs in Cambodia; yet it also trigger concerns not due to the details, but the lack thereof which could undermine the promotion and protection of the right to freedom of association and other universally recognized human rights and fundamental freedoms in Cambodia as a whole.

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Thayer, Nate. "Cambodia: Misperceptions and Peace." Washington Quarterly 14, no. 2 (June 1991): 179–91. http://dx.doi.org/10.1080/01636609109477687.

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Chhang, Y. "The Thief of History - Cambodia and the Special Court." International Journal of Transitional Justice 1, no. 1 (March 1, 2007): 157–72. http://dx.doi.org/10.1093/ijtj/ijm004.

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Starygin, Stan V. "New Protection Status of Juvenile Victims with the Passage of the New Criminal Legislation in Cambodia." Asian Journal of Comparative Law 4 (2009): 1–34. http://dx.doi.org/10.1017/s2194607800000363.

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AbstractThis article seeks to explore whether the position of juvenile victims, vis-à-vis the Cambodian criminal law, has changed with the passage of the new criminal legislation and whether this change is positive or otherwise. The quality of this change, henceforth, will demonstrate to the reader whether the overall reform of the juvenile justice component of Cambodia's criminal justice system, which has spanned over the last 15 years and has been funded by the international community, has been a success. The author has limited the scope of this inquiry to a comparison between the various domestic laws applicable to juvenile victims and did not include comparisons with international law, model laws or juvenile laws of other states. Being the first publication of its kind, this analysis limits its claim to the analysis of the relevant statutory provisions rather than ‘practice notes’ which have yet to develop.

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Cogan, Jacob Katz. "The 2011 Judicial Activity of the International Court of Justice." American Journal of International Law 106, no. 3 (July 2012): 586–608. http://dx.doi.org/10.5305/amerjintelaw.106.3.0586.

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The International Court of Justice rendered four judgments in 2011: on April 1, a ruling on the respondent’s preliminary objections in Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Georgia v. Russian Federation), upholding one objection and finding that the Court had no jurisdiction to entertain the application; on May 4, two rulings on Costa Rica’s and Honduras’s applications for permission to intervene in Territorial and Maritime Dispute (Nicaragua v. Colombia), rejecting both; and on December 5, a final decision on jurisdiction, admissibility, and the merits in Application of the Interim Accord of 13 September 1995 (Former Yugoslav Republic of Macedonia v. Greece), finding for the applicant. The Court also issued three orders in incidental proceedings: on March 8, one on Costa Rica’s request for the indication of provisional measures in Certain Activities Carried Out by Nicaragua in the Border Area (Costa Rica v. Nicaragua); on July 4, one on Greece’s application for permission to intervene as a nonparty in Jurisdictional Immunities of the State (Germany v. Italy); and on July 18, one on Cambodia’s request for the indication of provisional measures in Request for Interpretation of the Judgment of 15 June 1962 in the Case Concerning the Temple of Preah Vihear (Cambodia v. Thailand) (Cambodia v. Thailand). The Court indicated provisional measures in response to both requests, and granted Greece permission to intervene.

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Mackenzie, Simon, and Tess Davis. "Temple Looting in Cambodia." British Journal of Criminology 54, no. 5 (June 13, 2014): 722–40. http://dx.doi.org/10.1093/bjc/azu038.

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Journal articles on the topic 'Law, cambodia'

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