UNCLOS Conciliation Offers Cambodia and Thailand a Path to Peaceful Resolution

On June 2, Cambodia commenced compulsory conciliation proceedings against Thailand under the United Nations Convention on the Law of the Sea (UNCLOS) to safeguard its sovereignty and maritime rights after Thailand unilaterally withdrew from a 25‑year‑old bilateral memorandum of understanding.

The memorandum aimed to establish a maritime boundary and determine the equitable sharing of offshore oil and gas resources. Thailand has now agreed to participate in the UNCLOS conciliation process, a positive and welcome development.

Beyond the bilateral dispute, this moment presents an opportunity for the international community, regional bodies, and local stakeholders to collectively reinforce multilateral engagement.

First, it enables the international community—major powers, middle powers, and small states—to observe effective international law in practice and to support peaceful dispute resolution under the UN at a time when the rules‑based multilateral order faces challenges.

Second, it gives ASEAN the chance to leverage its longstanding tradition of mutual support and its reputable role as a model on the global stage. Third, it offers Thailand and Cambodia—neighbors with centuries‑old ties—the opportunity to move beyond confrontation and embrace peace.

There is cause for confidence: a decade ago, compulsory UNCLOS conciliation successfully resolved an intractable maritime dispute between Timor‑Leste and Australia.

The two nations were markedly asymmetrical: Australia’s population was 20 times larger, its nominal GDP nearly 500 times greater, and its military spending roughly 1,000 times higher.

Facing this imbalance, Timor‑Leste sought assistance from international experts to break the deadlock via UN‑led conciliation and establish a permanent maritime boundary. Although Australia initially opposed the process, a historic treaty was signed just two years later.

For Timor‑Leste, the agreement marked a transformative success. Australia likewise commended the outcome, recognizing that both parties committed to the rule of international law rather than the dominance of power.

Then‑Foreign Minister Julie Bishop remarked that the treaty “reflects the importance of UNCLOS” and “demonstrates how international law can enable nations to resolve disputes peacefully.”

This precedent directly informs Cambodia and Thailand today. The UNCLOS conciliation process will demand good‑faith participation from both sides and will require consistent, pragmatic engagement.

Consistency is vital. In the Timor‑Leste case, Australia could have suspended its bilateral cooperation and the talks overseen by the conciliation commission, but it chose to engage consistently. As a result, relations improved, and a maritime boundary treaty was ultimately reached.

Pragmatism is equally essential. The Cambodia‑Thailand dispute is not merely a theoretical legal issue; it concerns a tangible maritime zone and real energy resources that can enhance economic security and development for both nations and the broader region.

A process that focuses solely on map lines while ignoring the underlying resources would leave critical matters unresolved.

Cambodia does not seek a one‑sided decision from the UNCLOS Conciliation Commission; it calls for the process to address the issue as a maritime boundary dispute intrinsically linked to the peaceful development of energy resources.

We acknowledge that Thailand has legitimate national interests, and Cambodia does as well. International law does not require either party to relinquish its interests; it obliges both to pursue them peacefully, respectfully, and within a rules‑based framework.

The commitment to peaceful resolution must also apply to our shared land border. While the current ceasefire between Cambodia and Thailand holds, it is fragile, and Cambodia remains concerned about conditions on the ground within areas of Cambodian territory currently occupied.

Borders and sovereignty must never be altered by force or unilateral action. On both land and sea, steadfast adherence to international law, existing treaties, dialogue, good faith, and mutual respect are essential to safeguarding sovereignty, territorial integrity, and internationally recognized boundaries.

Cambodia remains ready to engage peacefully and consistently with Thailand on all issues—both terrestrial and maritime. Effective mechanisms exist, as demonstrated by the UNCLOS process for maritime disputes.

Cambodia places great importance on its relationship with Thailand, a close neighbor committed to regional peace and prosperity. We must, under all circumstances, continue dialogue given the high stakes.

The maritime zone must not become a theater of mistrust, and the land border should avoid further escalation. Cambodia and Thailand should follow the tradition of Southeast Asian states in resolving difficult disputes.

The Timor‑Leste case began with acrimony and concluded with agreement, demonstrating that compulsory international law conciliation can break deadlocks and resolve disputes when bilateral efforts have stalled.

Cambodia welcomes Thailand’s participation in the UNCLOS conciliation process and urges all parties to act in good faith, recognizing that our peoples, region, and the world will observe.

H.E. Prak Sokhonn is the Deputy Prime Minister and Minister of Foreign Affairs and International Cooperation of the Kingdom of Cambodia.

Source link