Former Diplomat Advocates UNCLOS for Cambodia-Thailand Maritime Dispute Resolution

Dr. Pou Sothyra, a former senior diplomat and now a senior advisor at the Center for Cambodian Regional Studies (CCRS), has stated that the conciliation mechanism under the UN Convention on the Law of the Sea (UNCLOS) serves as a pathway to avoid military force between Cambodia and Thailand in resolving overlapping maritime claims. However, he emphasized that the outcome hinges on the political will of both parties to settle disputes peacefully. In an interview with Kampuchea Thmey, Dr. Pou Sothyra highlighted that the most crucial lesson learned from the experience of utilizing the conciliation mechanism under UNCLOS is faith in international rule of law. He asserted that under UNCLOS, all member states, regardless of size, possess equal rights under international law. Therefore, smaller nations can leverage international law as a basis to protect their legitimate rights and interests without relying on their size or strength. He further explained that while "compulsory conciliation" might not result in directly binding decisions, if both parties agree to accept and implement the agreed-upon outcomes, the agreement can be effectively enforced. He considers this a path that can lead to a win-win solution for both sides, provided Cambodia and Thailand demonstrate genuine political will to end their disputes peacefully. Dr. Pou Sothyra underscored the importance of building confidence between the two nations. He stated that Cambodia and Thailand must continue to engage in negotiations, diplomacy, and legal mechanisms to resolve their differences, rather than resorting to military force. He believes the UNCLOS conciliation process can help reduce the risk of military engagement by enabling both parties to focus on legal and diplomatic solutions. Moreover, he affirmed that Cambodia and Thailand's agreement to participate in a joint conciliation process is a significant first step in building trust. However, he clarified that building trust is not a short-term endeavor but requires sincere and open dialogue and negotiation between the two sides. In addition, he pointed out that both parties must adopt a "give and take" spirit and cannot demand all benefits for themselves. Instead, compromise, concessions, and a shared political will are necessary to reach mutually acceptable solutions. Dr. Pou Sothyra specified that for Cambodia, choosing the UNCLOS conciliation mechanism aims to protect national sovereignty, legal rights, and interests, including discussions related to seabed resources. He reiterated that the most critical aspects are maintaining mutual respect, building confidence, and avoiding a return to military solutions, as these are not effective ways to resolve disputes between the two countries.