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Cambodia has delivered a formal notice over the dispute of overlap maritime to Thailand and to the Secretary-General of the United Nations to begin compulsory conciliation proceedings under the United Nations Convention on the Law of Sea (UNCLOS) on Tuesday.
The move came after Bangkok scrapped the MoU 2001 agreement in May, known as MoU 44 in Thailand, for joint hydrocarbon exploration in overlapping claims areas in the Gulf of Thailand.
“We have taken this step to protect Cambodia’s sovereignty and maritime rights in accordance with international law,” Prime Minister Hun Manet said Tuesday, noting that “Cambodia’s sovereignty and maritime rights must be respected”.
Prior to this, Cambodia urged Thailand to reconsider the decision to cancel the agreement, “but regrettably, Thailand still walked away”.
“Clearly, the opportunity for bilateral negotiations to achieve a solution has been exhausted. So, the Royal Government has therefore carefully considered the peaceful and lawful options available to Cambodia,” he said.
“This is not unilateral action. It is an effort to resolve the dispute peacefully through international law, and in good faith,” Hun Manet said.
He cited a similar case of compulsory conciliation process that was successfully used by Timor-Leste and Australia to resolve their maritime boundary in 2018. Cambodia hopes to also demonstrate the value of international law and peaceful dispute resolution.
Sophal Ear, Cambodian-American political scientist and professor at Arizona State University, said that it is an important diplomatic matter for Cambodia as it wants to show both domestic and international audiences that it is relying on international law to resolve disputes rather than escalation.
However, compulsory conciliation under UNCLOS has its limitations.
“It is not that same as binding arbitration or enforcing court ruling. The process is designed more to facilitate dialogue and recommendations than to impose a financial settlement,” Sophal said via email, describing it as both a legal mechanism and a political strategy.
“Phnom Penh wants to demonstrate that it is pursuing peaceful and rule-based mechanisms by placing pressure on Thailand to avoid appearing obstructionist internationally,” Sophal said.
However, he added, Cambodia may still gain several advantages as it can strengthen its international legal position to engage through peaceful mechanisms, diplomatic sympathy as the party emphasizing international law and lastly create pressure on Thailand to explain and defend its own position internationally.
Independent Cambodian political analyst Seng Vanly said using UNCLOS compulsory conciliation is a response to Thailand’s abandonment of the MoU 2001 bilateral framework.
“I see this move as a direct, reactionary response to Thailand’s unilateral shredding of the 2001 maritime Memorandum of Understanding,” he mentioned.
He echoed Sophal in saying that the compulsory conciliation panels deliver only recommendations, not enforceable mandates. Even if independent experts support Cambodia’s sovereign claim, and the recommendations favor Phnom Penh, Thailand could “choose not to follow the findings”.
“The potential for this process to inflame regional friction is dangerously real. We cannot ignore the raw political backdrop fueling both capitals,” Vanly said.
Thai Foreign Affairs Ministry and Surasant Kongsiri, Spokesperson of Thailand’s Ministry of Defence, did not immediately respond to requests for comment.
