Say UNCLOS! Cambodia rejects Thai bid to return to bilateral negotiations over maritime claims

A montage of pictures of Prime Minister Hun Manet with articles of UNCLOS in the background. Khmer Times and PMO

Synopsis: Leadership says the government will turn to the United Nations Convention on the Law of the Sea to resolve the dispute, now that Thailand has revoked the 2001 MoU designed for the purpose.

Cambodia will not return to bilateral negotiations with Thailand to resolve the two nations’ overlapping maritime claims after the Thai side unilaterally withdrew from the 2001 MoU—the decades-old framework guiding actions towards a solution to the dispute.

Instead, Cambodia will seek recourse through the United Nations Convention on the Law of the Sea (UNCLOS), which provides for compulsory conciliation and to which Thailand is a party.

Prime Minister Hun Manet and Senate President Hun Sen have both ruled out bilateral talks to address the overlapping claims area (OCA) in the Gulf of Thailand. Speaking during a National Assembly plenary session yesterday, Mr Hun Manet said Cambodia’s position on the matter remains firm and unchanged.

“I would like to clearly reaffirm that the Royal Government will use the mechanism of compulsory mediation and will not retreat according to the demands of the Thai side, which wants to return to bilateral negotiations,” he said.

Thailand has asked Cambodia to return to the negotiating table after cancelling the 2001 MoU, also known as MoU 44, which has added to tensions between the neighbours amid an uneasy ceasefire. Cambodia has repeatedly maintained that international mechanisms and legal frameworks are essential tools for resolving disputes peacefully and fairly, particularly on issues concerning sovereignty and border matters.

Thai Foreign Minister Sihasak Phuangketkeow said on Monday that Thailand does not agree to embark on a compulsory conciliation process under UNCLOS to resolve its maritime dispute with Cambodia. He added that any negotiation must begin with sincere bilateral talks before other mechanisms can be considered. Sihasak argued that compulsory conciliation cannot proceed unless both countries agree to it, and that any verdict would only be a recommendation rather than a binding decision.

He criticised what he described as unilateral statements from Cambodia, saying negotiations should be conducted openly and sincerely without either side trying to gain an advantage. He added that discussions between Thai Prime Minister Anutin Charnvirakul and Mr Hun Manet at the ASEAN Summit involved no commitments, and that Thailand’s priority remains rebuilding trust while protecting its interests.

Acting Head of State Hun Sen yesterday urged the government to avoid bilateral negotiations and instead pivot to UNCLOS for resolution. In a message on Facebook, Mr Hun Sen referred to the reported remarks of the Thai Foreign Minister.

Mr Hun Sen noted that such remarks contradicted Thailand’s own actions after it unilaterally revoked the 2001 MoU, which had served as the framework for bilateral negotiations. “If this report accurately reflects the words of the Thai Foreign Minister, then the phrase, ‘the primary method should first be negotiations between the two parties,’ clearly contradicts Thailand’s own actions,” he said. He added that Thailand’s cancellation of the MoU had effectively dismantled the mechanism for bilateral discussions.

“In my capacity as Acting Head of State, I would like to remind the Royal Government not to engage in any bilateral negotiations with Thailand on maritime issues, and instead to proceed directly to the mechanisms provided under the 1982 UNCLOS without waiting for any agreement from the Thai side,” he said.

During a meeting last week between Mr Hun Manet and Anutin, hosted by Philippine President Ferdinand Marcos Jr on the sidelines of the 48th ASEAN Summit in Cebu, the two countries agreed to continue dialogue and confidence-building efforts. Following the discussions, the three leaders reaffirmed the importance of open communication, restraint, and peaceful dispute resolution in line with ASEAN principles.

Mr Hun Manet said Cambodia and Thailand had agreed to resume existing bilateral mechanisms, including the Joint Boundary Commission (JBC), General Border Committee (GBC), and Regional Border Committee (RBC).

Kin Phea, Director-General of the International Relations Institute of Cambodia, said Thailand has taken an inconsistent stance by supporting neither bilateral talks nor the UNCLOS mechanism after unilaterally revoking the 2001 MoU.

Government spokesman Pen Bona reaffirmed Cambodia’s commitment to resolving land border issues with Thailand peacefully and in accordance with international law, following reports of the Thai military constructing a border wall in Battambang province. Bona said the government maintains a firm position on resolving disputes through peaceful means, based on existing agreements and the principle of uti possidetis juris.

He called for the full and immediate implementation of the Joint Statement issued in December 2025, regarding the resumption of survey and demarcation work by the JBC. He added that joint survey teams had already carried out demarcation work in November along the border section in Banteay Meanchey province, covering approximately seven kilometres.

Both sides had agreed to continue installing temporary border markers, he said, and Cambodia is calling for the teams to resume the work without delay.
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-Khmer Times-