No agreement was reached during bilateral talks with Cambodia, says Foreign Minister Sihasak Phuangketkeow, following Bangkok's decision to cancel the 2001 memorandum of understanding (MoU 44) on overlapping maritime claims.
The meeting with his Cambodian counterpart Prak Sokhonn took place at the United Nations headquarters in New York and marked the first direct talks between the two sides since Prime Minister Anutin Charnvirakul met Cambodian Prime Minister Hun Manet during the Asean summit in Cebu.
Following Thailand's cancellation of MoU 44, the Cambodian leader said he would invoke compulsory conciliation under the United Nations Convention on the Law of the Sea (UNCLOS) to solve the maritime dispute.
Thailand and Cambodia are both parties to UNCLOS, which provides a legal framework for ocean governance, incorporating customary international law alongside newer legal mechanisms, even in the absence of bilateral agreements.
Mr Sihasak said the discussions with Prak Sokhonn were aimed at keeping up dialogue and improving the atmosphere. However, both sides remained unable to reach a conclusion on a future framework for negotiations, he said.
The minister said misunderstandings also remained, noting Cambodia appeared to have interpreted Bangkok's decision to scrap the MoU as an attempt to avoid negotiations.
He said the cancellation was intended to create a new framework after MoU 44 failed to produce progress for more than two decades.
Circumstances have also changed since the agreement was signed, particularly after Cambodia became a member of UNCLOS, he said.
Mr Sihasak said Thailand's position is bilateral discussions should continue before either side moved towards a formal conciliation process involving an external panel.
Both sides may still reach a mutual understanding through direct talks under UNCLOS without needing a conciliation mechanism, he added.
Under Annex V, Section 2 of UNCLOS, compulsory conciliation can be initiated unilaterally if disputes, particularly over maritime boundaries, fisheries or scientific research, cannot be resolved through negotiation.
Mr Sihasak said Cambodia also pushed for a meeting of the Joint Boundary Commission, which oversees land border demarcation between the two countries, during the talks.
He said Thailand is open to discussions but believed technical-level talks were needed first to establish an updated framework for negotiations.
"Demarcation isn't only the issue. There are border security and cross-border cooperation to be discussed too. These issues can't be solved only through technical mechanisms."
