1 week Ago
The controversy surrounding the 2001 memorandum of understanding (MoU) on the overlapping maritime claims in the Gulf of Thailand between Thailand and Cambodia has resurfaced, as the Pheu Thai administration seeks to restart talks with Phnom Penh in a bid to extract the area's natural resources. The opposition Palang Pracharath (PPRP) and Thai Pakdee parties are demanding Prime Minister Paetongtarn Shinawatra's government to terminate the MoU, saying it would undermine Thailand's sovereignty over Koh Kut in Trat. At the heart of the controversy is Cambodia's maritime boundary claim in the overlapping claims area (OCA), which, under the terms of the MoU, includes parts of Koh Kut.
Calls to scrap the MoU, which was drawn up during Thaksin Shinawatra's time as prime minister, are nothing new. The Abhisit Vejjajiva cabinet moved to terminate the MoU in 2009, in retaliation for Cambodia's appointment of Thaksin -- who was living in exile at the time -- as an economic adviser. However, the process did not go anywhere.
One of the issues to consider now is whether it is indeed possible to cancel the MoU, as demanded by the PPRP and its allies. However, the bigger question is whether the termination of the MoU, agreed on by Bangkok and Phnom Penh in 2001, will benefit the country. When the MoU was drafted in 2001, Cambodia wanted the negotiations on the OCA to focus on resource sharing instead of border demarcation, saying the maritime boundary between the two countries were non-negotiable.
However, Thai officials, particularly those in the Foreign Affairs Ministry and security agencies, argued that opening discussions on the OCA without addressing the maritime boundary dispute between the two countries would put Thailand at a disadvantage. Ultimately, the MoU specified that negotiations on benefits in the overlapping area must be conducted as an "indivisible package". Critics of the MoU are concerned about the possible loss of Koh Kut if Cambodia's claim in the MoU is to be acknowledged as the basis for border negotiations between the governments.
It must be noted the MoU does explicitly state that any activities carried out under it will not affect either nation's maritime claims or rights. Koh Kut has been Thai territory since the 1907 Franco-Siamese treaty, a claim that has been reinforced by Thailand's consistent assertion of sovereignty over it. Phnom Penh, on the other hand, has never made a claim to the island.
As the MoU lacks a clear termination clause, scrapping the deal will have to be done in accordance with international law. Under the 1969 Vienna Convention on the Law of Treaties, a treaty without explicit provisions for termination may only be ended by mutual agreement, unless there is a fundamental change in circumstances. Any unilateral move by Thailand to revoke the MoU could thus trigger complex international legal repercussions.
PPRP, which led the previous administration, never raised the issue when it was in power. The question is, why now? Political groups must prioritise national interests over short-term gains. However, the government must also expedite border discussions with Cambodia.
Clarity on this sensitive issue is of paramount importance, for both public confidence in the government, as well as regional stability..
