After more than two months of border disputes with Thailand, the newly-appointed Thai Prime Minister Anutin Charnvirakul has stated that his government plans to hold a national referendum to decide whether to annul the 2000 and 2001 Memoranda of Understanding (MOU) between Cambodia and Thailand.
This announcement has raised concerns among international legal experts, who argue that such a move would violate international law and undermine Cambodia’s sovereignty, as the agreements are recognized under both national and international law.
The 2000 MOU, which deals with land borders, and the 2001 MOU, concerning maritime boundaries, were signed by both countries and are considered legally binding under international law. The agreements were designed to peacefully resolve border disputes and maintain the sovereignty of both nations.
Political expert In Sophal, writing on his Facebook account, explained that under the Vienna Convention of 1969, international agreements signed by two sovereign states are legally binding unless explicitly stated otherwise in the terms of the agreement. He added that while Thailand may unilaterally declare that it no longer recognizes these MOUs, international law requires both parties to uphold their obligations unless Cambodia chooses to withdraw from the agreement.
In Sophal further emphasized that Cambodia could potentially challenge Thailand’s withdrawal from the MOUs through diplomatic channels, such as the United Nations (UN) or ASEAN, or even through the International Court of Justice (ICJ).
Sok Sam Oeun, a legal expert, warned that while Thailand may attempt to disregard the agreements, it would face significant international consequences, including possible diplomatic and economic sanctions. He also pointed out that, as a powerful country, Thailand might resist international pressure, but it would still damage its international standing.
In Sophal concluded by stating that Cambodia could resort to international legal action if Thailand moves forward with its withdrawal from the MOUs, and warned that such a step could escalate tensions and even lead to military conflict.
The article also noted that while Thailand is a significant regional player, disregarding international agreements could isolate the country diplomatically, especially within ASEAN and the UN.
