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Legal Expert Cites Principle That ‘Illegal Acts Cannot Create Legal Rights’ in Border Dispute Context

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Photo: National Assembly

PHNOM PENH, May 29, 2026 (KPT) — An international law expert has stressed that unlawful actions cannot generate legal entitlements, in remarks linked to Cambodia–Thailand agreements and ongoing regional legal interpretations.

Mr.AN Pasty, a former Cambodian diplomat, said the doctrine that “illegal acts cannot create legal rights” is a cornerstone of modern international law.

He noted the principle is rooted in the post‑1945 legal order established under the United Nations, reinforced through state practice, judicial rulings, treaty law and customary international law.

Pasty argued that respect for sovereignty and the stability of treaty obligations remain fundamental in international relations.

He examined Thailand’s reported unilateral withdrawal from the 2000 and 2001 Memoranda of Understanding with Cambodia, saying treaty commitments remain binding once entered into and cannot be unilaterally invalidated to escape responsibility.

He situated the MoUs within a broader framework of legal continuity, stressing that political transitions do not automatically nullify international obligations or weaken the rule of law in regional peace‑building.

Identifying himself as a specialist in international law and geopolitics, Pasty said he served more than two decades in Cambodia’s foreign service, including a posting to Latin America.

He added that he received recognition from United Nations programmes, including an award on ocean affairs and the law of the sea in 2018, and participation in a UN regional course in international law for Asia and the Pacific in 2019.

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