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Bangkok Post
Bangkok Post
National

Border move 'saps trust'

Foreign Affairs Minister Sihasak Phuangketkeow in Paris on Wednesday. Photo: Ministry of Foreign Affairs

Cambodia's decision to initiate compulsory conciliation proceedings under the United Nations Convention on the Law of the Sea (Unclos) has undermined trust and complicated efforts to reach a negotiated settlement on overlapping maritime claims, Foreign Affairs Minister Sihasak Phuangketkeow said.

Speaking on Wednesday in Paris after arriving to attend the Organisation for Economic Co-operation and Development Ministerial Council Meeting 2026, Mr Sihasak criticised Phnom Penh's move to formally notify both Thailand and the United Nations secretary-general of its intention to pursue compulsory conciliation under Unclos concerning disputed maritime areas.

Thailand has consistently maintained that its termination of the 2001 memorandum of understanding (MoU 2001) on overlapping continental shelf claims was necessary because the agreement had produced no meaningful progress for more than two decades.

Mr Sihasak said Bangkok's objective was not to abandon its commitments but to create an opportunity to restart negotiations under a new framework based on international law and Unclos principles, to which both countries are parties.

"Resolving issues directly between neighbouring countries is the best approach to achieving a constructive and mutually acceptable outcome," he said, adding that bilateral negotiations should have been given a genuine opportunity before either side resorted to formal dispute-settlement mechanisms.

Mr Sihasak said Cambodia's portrayal of Thailand's withdrawal from the MoU was inaccurate.

Bangkok had explained the agreement had become ineffective and that a fresh negotiating process offered a better prospect of progress, he said.

Under Unclos, the two countries could have pursued a range of options, from direct negotiations and voluntary conciliation to more formal mechanisms if bilateral talks ultimately failed.

He questioned Cambodia's decision to proceed immediately with compulsory conciliation, warning the process itself could take years.

Citing the Timor-Leste–Australia case, which lasted nearly two years, he said the move could delay both maritime boundary delimitation and the joint development of overlapping maritime areas.

"Cambodia's rushed decision to initiate compulsory conciliation proceedings under Unclos stands in stark contradiction to calls consistently made by Cambodia itself for a restoration of bilateral relations and a revival of discussions within various frameworks," Mr Sihasak said.

Cambodia's actions risk undermining efforts to rebuild confidence at a time when both countries had committed to strengthening relations.

He recalled discussions between the Thai and Cambodian prime ministers on the sidelines of the Asean Summit in Cebu, where both sides pledged to address outstanding issues through dialogue and confidence-building measures.

He said Thailand remains fully prepared for the Unclos process and has already begun making the necessary legal and procedural preparations.

During his visit to France, Mr Sihasak is scheduled to meet Thailand's legal advisers to finalise the country's list of conciliators and assess the likely course of proceedings.

He emphasised that compulsory conciliation under Unclos does not produce a legally binding ruling.

Instead, the process concludes with a report containing recommendations that serve as a basis for further negotiations between the parties.

"The two countries will ultimately have to return to the negotiating table regardless," he said.

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