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"It was clear from the record, however, that the maps were communicated to the Siamese Government as purporting to represent the outcome of the work of delimitation; since there was no reaction on the part of the Siamese authorities, either then or for many years, they must be held to have acquiesced. The maps were moreover communicated to the Siamese members of the Mixed Commission, who said nothing, to the Siamese Minister of the Interior, Prince Damrong, who thanked the French Minister in Bangkok for them, and to the Siamese provincial governors, some of whom knew of Preah Vihear. If the Siamese authorities accepted the Annex I map without investigation, they could not now plead any error vitiating the reality of their consent.
The Siamese Government and later the Thai Government had raised no query about the Annex I map prior to its negotiations with Cambodia in Bangkok in 1958. But in 1934-1935 a survey had established a divergence between the map line and the true line of the watershed, and other maps had been produced showing the Temple as being in Thailand. Thailand had nevertheless continued to also use and indeed to publish maps showing Preah Vihear as lying in Cambodia. Moreover, in the course of the negotiations for the 1925 and 1937 Franco-Siamese Treaties, which confirmed the existing frontiers, and in 1947 in Washington before the Franco-Siamese Conciliation Commission, Thailand was silent. The natural inference was that Thailand had accepted the frontier at Preah Vihear as it was drawn on the map, irrespective of its correspondence with the watershed line."Australian judge Sir Percy Spender wrote a scathing dissent for the minority on the court, however, pointing out that the French government had never mentioned Thai "acquiescence" or acceptance at any time, not even when Thailand stationed military observers at the temple in 1949. On the contrary, France always insisted that their map was correct and the temple was located on their side of the natural watershed (which it clearly is not). Thailand had modified its own maps, which in Spender's opinion was sufficient without having to protest to France. Spender said:
Whether the Mixed Commission did or did not delimit the Dangrek, the truth, in my opinion, is that the frontier line on that mountain range is today the line of the watershed.
The Court however has upheld a frontier line which is not the line of the watershed, one which in the critical area of the Temple is an entirely different one. This finds its justification in the application of the concepts of recognition or acquiescence.
With profound respect for the Court, I am obliged to say that in my judgment, as a result of a misapplication of these concepts and an inadmissible extension of them, territory, the sovereignty in which, both by treaty and by the decision of the body appointed under treaty to determine the frontier line, is Thailand's, now becomes vested in Cambodia.Thailand reacted angrily. It announced it would boycott meetings of the Southeast Asia Treaty Organization, with Thai officials saying this step was to protest a U.S. bias toward Cambodia in the dispute. As evidence, Thai officials cited the pro-Cambodia vote of an American judge on the court and Acheson’s role as Cambodia’s advocate; the U.S. government replied that Acheson was merely acting as a private attorney, engaged by Cambodia. Mass demonstrations were staged in Thailand protesting the ruling.