Thailand has said it is prepared to take part in a United Nations maritime dispute mechanism initiated by Cambodia, while warning that the move could undermine efforts to rebuild trust and improve bilateral relations between the two neighbours.
Thai Foreign Minister Sihasak Phuangketkeow told the Bangkok Post on 4 June that Bangkok was disappointed by Cambodia’s decision to pursue compulsory conciliation under the United Nations Convention on the Law of the Sea (UNCLOS), arguing that the process could take years and risk damaging relations between the two countries.
Despite its concerns, Thailand said it was ready to participate in the proceedings. Sihasak said Bangkok had begun preparing legal documents and procedural requirements, including the appointment of conciliators to represent Thailand.
However, he questioned the effectiveness of the UNCLOS mechanism, saying it was unlikely to produce a legally binding outcome. Instead, he argued, the process would conclude with a report recommending further negotiations between the two sides.
Cambodia has rejected that view. Eat Sophea, Secretary of State at Cambodia’s Ministry of Foreign Affairs, said the compulsory conciliation process is firmly grounded in international law and cannot be regarded as illegitimate. She said Cambodia’s objective was to secure a fair and equitable settlement, not to prevail over Thailand.
On 2 June, Cambodia formally notified Thailand and the United Nations Secretary-General of its decision to launch compulsory conciliation proceedings under UNCLOS. Phnom Penh has given Bangkok 21 days to respond, although Cambodian officials say no official reply has yet been received.
Eat Sophea said Cambodia had already appointed two international experts to represent the country in the process.
One of them is Peter Taksoe-Jensen, a veteran Danish diplomat and international legal expert who previously served as ambassador to the United States, Japan, and India. He also chaired the UNCLOS conciliation commission that helped resolve the maritime boundary dispute between Australia and Timor-Leste.
The second appointee is Jean-Marc Thouvenin, Secretary-General of The Hague Academy of International Law and a specialist in international legal disputes who has appeared before the International Court of Justice.
Under UNCLOS rules, each side appoints two conciliators. The four appointees then select a fifth member, who serves as chair of the commission and must be a national of neither Cambodia nor Thailand.
The process can continue even if one party declines to participate. However, any recommendations issued by the conciliation commission are not legally binding.
Cambodian Prime Minister Hun Manet announced the move after Thailand withdrew from the 2001 Memorandum of Understanding (MOU44), which had provided a framework for negotiations over overlapping maritime claims between the two countries.
Thailand has previously objected to the UNCLOS mechanism because it introduces third-party involvement into the dispute. Nevertheless, Bangkok’s latest position suggests it is preparing to engage with the process should it move forward.
