Thailand is set to participate in United Nations-backed maritime arbitration proceedings with Cambodia, following Phnom Penh’s initiation of a compulsory conciliation process under the UN Convention on the Law of the Sea (UNCLOS). This development comes after Thailand opted last month to withdraw from a 2001 framework agreement for bilateral discussions on their contested maritime territory.
Contentious Maritime Claims
For over a quarter-century, both Thailand and Cambodia have laid claim to approximately 26,000 square kilometers of sea within the Gulf of Thailand. This region is believed to contain substantial natural gas reserves, estimated at nearly 12 trillion cubic feet, along with significant oil deposits, collectively valued at an estimated $300 billion.
Thailand’s Participation and Concerns
Foreign Minister Sihasak Phuangketkeow confirmed on Friday that Thailand will be sending two representatives to the UN-facilitated negotiations. However, he expressed reservations regarding Cambodia’s decision to simultaneously address resource-sharing issues within the same talks.
“I communicated to my Cambodian counterparts, ‘Why don’t we allow direct discussions a chance? Perhaps six months or so,’” Minister Sihasak stated in a recent interview. “If we are unable to achieve progress, then we can mutually agree on the subsequent course of action, which would naturally encompass compulsory conciliation, but also allow for voluntary conciliation.”
Minister Sihasak noted that Cambodia publicly announced its intention to utilize the compulsory conciliation process on Tuesday, prior to formally notifying Thailand. He added, “Since June 2nd, we have not engaged in any discussions, informal or formal, with the Cambodian side.”
Cambodia’s Stance
In response to inquiries, Cambodian Foreign Minister Prak Sokhonn indicated that bilateral efforts to resolve the dispute had been fully explored, leading to Cambodia’s decision. “Cambodia anticipates that the Thai government will engage with this process in good faith,” he remarked.
No Further Bilateral Talks
Prime Minister Anutin Charnvirakul clarified that despite participating in the UN mediation, Bangkok will not pursue any additional bilateral discussions, including those pertaining to land border management and resolution.
“We will be utilizing UNCLOS, which means that from this point forward, there will be no further bilateral talks or other forms of cooperation,” the Prime Minister stated. “We will not be discussing the restoration of relations at this juncture.”
All border crossings between Thailand and Cambodia are expected to remain closed, he confirmed.
Background of Tensions
Relations between the two nations have been strained following two intense border confrontations last year, which resulted in nearly 150 fatalities and displaced over 300,000 individuals on both sides. A ceasefire established in December has, however, been maintained.
Assessment of the Process
Minister Sihasak, who also holds the position of deputy prime minister, commented that Cambodia’s choice of compulsory conciliation, which involves a five-member panel issuing non-binding recommendations, is unlikely to foster improved overall relations between the two countries. “We simply do not concur with the methodology they have adopted,” he said.
Historically, only East Timor, also known as Timor Leste, has successfully utilized this UN-backed mechanism to resolve a protracted maritime dispute with Australia, a process that concluded in just under two years.
“If we were to pursue this through friendly bilateral discussions, it might lead to a swifter and more amicable resolution,” Minister Sihasak observed. “Currently, the timeline for this process remains uncertain.”
