PHNOM PENH: Cambodia and Thailand will appear before a UN Convention on the Law of the Sea (Unclos) Conciliation Commission in Singapore from Sept 14-16, marking the first formal step in the international mechanism aimed at peacefully resolving their longstanding overlapping maritime claims.
A Sept 9 Ministry of Foreign Affairs and International Cooperation statement explained that the commission, constituted under Annex V of Unclos, will hold its first meeting with representatives of the two countries following an announcement by the Permanent Court of Arbitration.
Cambodia welcomed the meeting as an important step towards resolving maritime differences, as well as potentially unlocking significant offshore oil and gas resources for the benefit of both countries.
Foreign minister Prak Sokhonn will serve as Cambodia’s agent in the proceedings and lead the Kingdom’s delegation.
He will be accompanied by Lam Chea, minister in charge of the State Secretariat of Border Affairs, who will serve as deputy agent.
The two parties will deliver their opening statements on Sept 15. The session will begin at 8am Cambodian time, or 9am in Singapore, and will be open to the public and broadcast live in Khmer, English and Thai.
Sokhonn is scheduled to deliver Cambodia’s opening statement.
“The meeting marks another important milestone in the peaceful process initiated by Cambodia to resolve the countries’ maritime differences,” the ministry said.
According to the ministry, Cambodia initiated the compulsory conciliation process after Thailand unilaterally terminated an agreed bilateral framework through which the two kingdoms had negotiated their overlapping maritime claims for more than two decades.
Compulsory conciliation under Annex V of Unclos is a non-adjudicatory process. Unlike a court or arbitral tribunal, the Conciliation Commission does not impose a binding judgment on the parties. Instead, a neutral panel assists them in identifying areas of agreement and seeking an amicable settlement.
The process therefore does not itself determine the maritime boundary. Its effectiveness will depend on the willingness of both governments to cooperate and negotiate on the basis of the commission’s work and eventual recommendations.
Cambodia cited Timor-Leste and Australia as an example of the mechanism’s successful use. Conciliation between the two countries concluded with the signing of a treaty establishing their maritime boundaries in 2018.
The foreign ministry expressed hope that the same mechanism could help Cambodia and Thailand secure a fair and lasting resolution to their maritime differences.
A settlement could also create an opportunity to develop oil and gas resources in the disputed waters, which Cambodia described as increasingly important at a critical time for regional energy security.
“Cambodia firmly believes that international law provides the foundation for the peaceful resolution of disputes between states,” the ministry said.
It added that Cambodia would participate in good faith and in a spirit of cooperation, while expressing full confidence in the Conciliation Commission.
The maritime dispute is separate from the two countries’ land-border issues. The upcoming proceedings are focused on competing maritime claims and should not be interpreted as a process for determining sovereignty over disputed areas along the land boundary.
The Singapore meeting will provide the first indication of how both parties intend to engage with the commission and whether the process can revive substantive negotiations after the breakdown of their previous bilateral framework. - The Phnom Penh Post/ANN
