Synopsis: First conciliation meeting between Cambodia and Thailand establishes a framework for dialogue, but legal differences and political tensions may prolong proceedings.
The first UNCLOS conciliation meeting has created an opening for Cambodia and Thailand to address their maritime dispute peacefully, but achieving a settlement depends on whether both sides can overcome entrenched differences and maintain political will.
The Conciliation Commission handling maritime boundary proceedings between Cambodia and Thailand under the United Nations Convention on the Law of the Sea (UNCLOS) concluded its first meeting in Singapore, with both sides expressing commitment to a negotiated resolution.
The Permanent Court of Arbitration (PCA), serving as registry for the proceedings, stated in a press release on Wednesday that the three-day meeting took place from Monday to Wednesday.
The meeting marked the first substantive engagement between the five-member commission and representatives of Cambodia and Thailand since Cambodia initiated the compulsory conciliation process in June.
Proceedings opened on Monday with a procedural session, during which the parties and the commission signed the terms of appointment and finalised the rules of procedure.
On Tuesday, agents representing both countries delivered opening statements in a session webcast live.
Cambodia’s opening statement was delivered by Foreign Affairs and International Cooperation Minister Prak Sokhonn, who highlighted the importance of resolving the dispute through international law and peaceful dialogue.
Citing Prime Minister Hun Manet, Sokhonn said both Cambodia and Thailand stood to gain from a fair and lasting settlement agreed with the guidance of international conciliators and in accordance with international law.
He described the conciliation process as a means to rebuild trust rather than a form of escalation.
“Looking ahead, the overriding objective is to achieve a resolution that serves the people of both nations and contributes to peace, cooperation, and shared prosperity in the region,” Sokhonn said.
Thailand’s opening statement was delivered by Foreign Affairs Minister Sihasak Phuangketkeow, who said the process could help both sides identify areas of agreement and narrow differing legal positions.
“Conciliation can help the Parties to identify common ground, narrow divergent legal positions, and negotiate a way forward,” Sihasak said.
He added that Thailand has entered the process in good faith, mindful of UNCLOS provisions, and with confidence in the independence and expertise of the commission. Thailand, he said, was ready to participate constructively to reach a negotiated solution.
Following opening statements, both parties made presentations and held confidential bilateral sessions with the commission, addressing the background to the maritime dispute and key issues expected to be examined.
The commission convened an additional meeting with the parties on Wednesday, the PCA said.
The commission and the two countries will continue discussions, with further meetings expected in the coming months.
The proceedings were initiated by Cambodia on June 2, when Phnom Penh submitted a Notification Instituting Conciliation under Article 11 of Annex V to Thailand pursuant to Article 298 and Annex V of UNCLOS. Thailand submitted its response on June 19.
The Conciliation Commission is chaired by Katrina Cooper of Australia. Its other members are Ambassador Peter Taksøe-Jensen of Denmark, Professor Jean-Marc Thouvenin of France, Judge Albert Hoffmann of South Africa and Judge Rüdiger Wolfrum of Germany.
The PCA acts as registry with the agreement of both parties. The conciliation concerns a maritime boundary dispute in the Gulf of Thailand, aiming to facilitate dialogue towards a settlement under international maritime law.
Headquartered at the Peace Palace in The Hague, the PCA is an intergovernmental organisation established under the 1899 Hague Convention on the Pacific Settlement of International Disputes.
Speaking to the press at Techo International Airport upon the delegation’s return, Sokhonn said the purpose is to establish a mechanism to replace the 2001 Memorandum of Understanding (MOU 2001), which Thailand unilaterally terminated on May 5.
“As a result, Cambodia and Thailand no longer have a mechanism to resolve the dispute between our two countries peacefully and on the basis of law, particularly the maritime boundary dispute,” he said.
Sokhonn added that a peaceful solution would provide mutual benefits, contribute to peacebuilding, protect sovereignty, enable the utilisation of seabed resources and create employment opportunities for future generations.
Sokhonn outlined three proposed options presented to the Conciliation Commission. The primary preference is reaching an agreement concerning the delimitation of a single, comprehensive maritime boundary between Cambodia and Thailand under international law, following the model of Timor-Leste. Should boundary delimitation fail, the second option requests an understanding on joint development and the equitable sharing of benefits derived from seabed resources. If neither option yields results, the third approach asks the Conciliation Commission to prepare a final report with recommendations on the best means for both countries to seek a fair solution together.
“Cambodia requested and initiated this compulsory conciliation process. Therefore, we came to Singapore with goodwill and a strong commitment to working closely with the Commission,” Sokhonn said.
The Cambodian delegation is preparing for the second meeting, scheduled in The Hague from October 14 to 18. Headed by Sokhonn, the delegation includes Justice Minister Koeut Rith, Minister of the State Secretariat for Border Affairs Lam Chea, and Mines and Energy Minister Keo Rottanak. International legal counsel Gavin McLaren heads the legal team advising Cambodia.
Chheng Kimlong, president of the Asian Vision Institute, said he does not expect the early mechanism to produce an immediate solution.
“Over the course of the next two years, beginning with this initial process, there will be efforts to formulate a strategic framework and joint recommendations to pave the way for bilateral negotiations,” Kimlong said.
He noted that additional mediation could help bridge remaining gaps, enabling cooperation in maritime security, environmental conservation and commercial shipping. However, Kimlong warned that political dynamics in Thailand, particularly populist movements, could hinder progress if domestic figures attempt to intensify bilateral friction.
