Law and Management of Border Conflicts: A Case Study of Thailand–Cambodia and Lessons from Southeast Asia

Abstract

This article examines the role of law and political mechanisms in managing border conflicts, using the Thai–Cambodian border dispute as a primary case study. It analyzes the relationship between sovereignty, territory, and international law, as well as the impacts of border conflicts on local communities and state security within the Southeast Asian context. Adopting an interdisciplinary analytical framework that integrates international law, political science, and political humanities, the study is based on documentary analysis of legal instruments, International Court of Justice (ICJ) judgments, and state and regional policy frameworks. The findings demonstrate that international legal mechanisms—particularly the ICJ—play a crucial role in providing normative clarity and legal legitimacy in territorial disputes. However, their effectiveness is constrained by limited enforcement capacity and by the persistent influence of domestic politics, nationalism, and historical memory in the disputing states. At the regional level, ASEAN contributes to conflict management by reducing tensions and maintaining regional stability through the ASEAN Way and the principle of non-interference. Nonetheless, structural limitations prevent ASEAN from functioning as a robust legal dispute settlement mechanism, positioning it instead as a political “middle ground” for dialogue. The article further highlights that border communities bear the direct social, economic, and human rights consequences of border conflicts, yet remain largely excluded from legal and policy decision-making processes. This exclusion underscores the tension between state-centric security and human security perspectives. The study argues that sustainable management of border disputes in Southeast Asia requires an integrated approach that combines international law, regional diplomacy, and meaningful participation of border communities. Such an approach is essential for fostering long-term peace, legitimacy, and security for both states and affected populations.