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Cambodia, Thailand Head to UNCLOS Conciliation Talks In Singapore

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BANGKOK, Thailand – The first meeting of the Conciliation Commission under the United Nations Convention on the Law of the Sea between Thailand and Cambodia will be held in Singapore next week to begin efforts to resolve their overlapping maritime claims in the Gulf of Thailand, the Thai Foreign Ministry has announced. The Permanent Court of Arbitration said on 9 September that the Conciliation Commission, established under Annex V of UNCLOS, will meet with representatives of the two countries from 14 to 16 September.

Cambodia Initiates UN Conciliation Process Over Maritime Dispute With Thailand

Thailand said it is fully prepared to participate in the meeting, with the Thai delegation to be led by Foreign Minister Sihasak Phuangketkeow in his capacity as Agent, and Ambassador Songchai Chaipatiyut as Deputy Agent. Also attending will be specialists from the Hydrographic Department and Naval Operations Department of the Royal Thai Navy and the Department of Mineral Fuels under the Energy Ministry. The opening statements of both parties will be broadcast live on 15 September, giving the public an opportunity to hear their respective positions on the conciliation process, with the statements scheduled to begin at 9am Singapore time and webcast in English, Thai and Khmer.

Thailand said the meeting will also consider the adoption of the Rules of Procedure, which will establish the framework for the commission’s work and guide subsequent meetings and proceedings. In its statement, the Foreign Ministry said that, as a State Party to UNCLOS, Thailand is ready to fully cooperate with and support the work of the Conciliation Commission, adding that the ministry and relevant agencies remain committed to safeguarding Thailand’s national interests. The ministry expects the conciliation process to take about 12 months, after which the commission will issue a report containing its conclusions or recommendations, which will not be legally binding on either party.

The five-member Conciliation Commission established under Annex V of UNCLOS comprises two conciliators appointed by each country and a fifth member, Australian diplomat and international lawyer Katrina Cooper, who serves as chair. Thailand appointed former ITLOS presidents Albert J Hoffmann of South Africa and Rüdiger Wolfrum of Germany, while Cambodia appointed Danish diplomat Peter Taksøe-Jensen and French international-law professor Jean-Marc Thouvenin.

Meanwhile, Cambodia’s Foreign Ministry said it welcomed the first meeting as an important step in what it described as a peaceful process initiated by Phnom Penh to resolve the two countries’ maritime differences. Cambodia’s delegation will be led by Deputy Prime Minister and Foreign Minister Prak Sokhonn in his capacity as Agent, and Lam Chea, Minister in Charge of the State Secretariat of Border Affairs, as Deputy Agent, together with Cambodian delegates and its legal team. Prak Sokhonn will deliver Cambodia’s opening statement on 15 September.

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In a statement issued on 9 September, Cambodia said it resorted to compulsory conciliation after Thailand unilaterally terminated the bilateral framework under which the two countries had negotiated their overlapping maritime claims for more than two decades. Cambodia said compulsory conciliation under Annex V of UNCLOS is a non-adjudicatory process in which a neutral commission assists the parties in seeking an amicable settlement, citing the process used by Timor-Leste and Australia, which culminated in the signing of a maritime boundary treaty in 2018, as an example of how the mechanism can help resolve maritime disputes. Cambodia said it hopes the process can similarly help the two countries reach a fair and lasting resolution of their maritime differences, including by providing an opportunity to unlock significant oil and gas resources for the benefit of both countries at a critical time for regional energy security.

-Thailand News (TN)

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