PHNOM PENH: Cambodia will initiate a compulsory conciliation process with Thailand under the UN Convention on the Law of the Sea (Unclos), following Bangkok’s decision to unilaterally terminate a key bilateral agreement on overlapping maritime claims.
“Today, following Thailand’s unilateral rejection of MoU-2001, Cambodia announces that it will initiate compulsory conciliation with Thailand under the UN Convention on the Law of the Sea (Unclos),” announced Minister of Foreign Affairs and International Cooperation Prak Sokhonn (pic), on Tuesday (May 5).
In an official statement, the foreign ministry said Cambodia had “no option” but to trigger the dispute resolution mechanism under the Unclos agreement after the Thai Cabinet approved the termination of the 2001 Memorandum of Understanding (MoU), the only existing framework governing maritime boundary negotiations between the two countries.
Under the agreement, compulsory conciliation is a mandatory dispute resolution mechanism triggered when negotiations fail. Unlike binding arbitration, it involves a 5-member commission recommending, but not forcing, a solution.
“The 2001 Memorandum of Understanding was the only bilateral framework between our two countries for addressing overlapping maritime claims and pursuing maritime boundary delimitation peacefully and in accordance with international law,” noted Sokhonn.
He described Thailand’s withdrawal as a move that departs from the spirit of cooperation and political will that had underpinned efforts to resolve maritime disputes through peaceful means.
The minister reiterated Cambodia’s “deep regret” over the decision, warning that the termination of the MoU undermines a mechanism that had long served as a platform for dialogue on contested waters in the Gulf of Thailand.
In response, Phnom Penh will pursue compulsory conciliation under Unclos, a legal avenue designed to facilitate dispute settlement when bilateral negotiations fail.
The process involves an independent commission that examines the dispute and proposes non-binding recommendations to both parties.
Despite the collapse of the MoU framework, Cambodia stressed that its legal position remains unchanged.
“The termination of the 2001 Memorandum of Understanding does not affect Cambodia’s lawful rights over its maritime areas,” the statement said, reaffirming the country’s claims, under international law.
The government underscored that the decision to initiate conciliation reflects its continued commitment to resolving disputes through peaceful and rules-based mechanisms, in line with Unclos provisions adopted in 1982.
The latest development signals a shift from bilateral engagement to a multilateral legal process, raising questions over the future trajectory of Cambodia–Thailand maritime negotiations and the management of overlapping claims in resource-rich waters. - The Phnom Penh Post/ANN
