Unclos push ‘not legally binding’

A Senate committee chairman has sought to ease concerns over Cambodia’s move to invoke the United Nations Convention on the Law of the Sea (Unclos) conciliation process, saying any recommendations issued under the mechanism would not be legally binding on Thailand.

Senator Nophadol In-na, chairman of a Senate special committee studying the implications of revoking the 2000 and 2001 memoranda of understanding with Cambodia, said on Sunday that compulsory conciliation would not hand decision-making authority to a third party or replace bilateral negotiations between the two countries.

He said Thailand and Cambodia had previously agreed to exclude the maritime dispute from adjudication by the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS) and arbitration panels.

As a result, the dispute falls under Article 298 of the convention, which allows either party to initiate compulsory conciliation.

Under the process, the two countries would each appoint two representatives and jointly select an independent chairman to form a five-member committee to examine the dispute and propose solutions.

Mr Nophadol said the mechanism had previously been used in a dispute between Timor-Leste and Australia, where conciliation proceeded alongside bilateral negotiations.

Thailand and Cambodia could become only the second case worldwide to use the process, he said, adding that Thailand still favours bilateral talks.

He stressed that any recommendations made by the conciliation committee would be non-binding and that Thailand would be free to reject proposals it considered contrary to its interests.

He also argued that Thailand would benefit from established maritime boundary principles because Koh Kut has a recognised 12-nautical-mile (22km) territorial sea, which he said would limit the scope of competing claims.