Thailand Pursues Non-Binding Conciliation in Maritime Dispute
A special Senate committee examining the implications of revoking memoranda of understanding with Cambodia has clarified the nature of a proposed conciliation process. Senator Nophadol In-na, who chairs the committee, stated on Sunday that the compulsory conciliation mechanism would not cede decision-making power to an external party nor supersede direct negotiations between Thailand and Cambodia.
Exclusion from Judicial Bodies
Previously, both Thailand and Cambodia agreed to exclude their maritime dispute from adjudication by international judicial bodies, including the International Court of Justice (ICJ) and the International Tribunal for the Law of the Sea (ITLOS), as well as arbitration panels. This understanding directs the dispute to Article 298 of the UN Convention on the Law of the Sea (UNCLOS), which permits either nation to initiate compulsory conciliation.
Conciliation Committee Structure and Function
The conciliation process involves both countries appointing two representatives. These four individuals would then jointly select an independent chairman, forming a five-member committee tasked with scrutinizing the dispute and proposing potential resolutions. Senator Nophadol highlighted that this approach has been utilized before, citing the dispute between Timor-Leste and Australia, where conciliation proceeded concurrently with bilateral discussions.
Thailand’s Stance and Potential Benefits
Should Thailand and Cambodia proceed with this method, they would represent only the second instance globally to employ such a process. Senator Nophadol emphasized that Thailand continues to prioritize direct bilateral talks. He underscored that any recommendations put forth by the conciliation committee would be advisory and not legally binding, leaving Thailand free to reject proposals that may not align with its national interests.
Maritime Boundary Principles and Territorial Sea
Furthermore, Senator Nophadol argued that Thailand stands to benefit from established maritime boundary principles. He pointed to the island of Koh Kut, which possesses a recognized 12-nautical-mile (22-kilometer) territorial sea. This established demarcation, he suggested, could effectively limit the scope of competing territorial claims.
