BANGKOK, Thailand – Thailand is fully engaging in a mandatory arbitration process concerning its sea borders with Cambodia.
Official Participation Confirmed
Thailand has confirmed its participation in a mandatory arbitration process aimed at resolving its maritime border disputes with Cambodia. This significant step follows a quarter-century of stalled progress on the joint utilization of sea areas. Bangkok is now pursuing a clear demarcation under the auspices of the United Nations, emphasizing that this is not a court proceeding but a peaceful pathway to end long-standing disagreements.
On June 22, officials announced the move in Bangkok. Thailand had already formally notified Cambodia on June 19 of its agreement to enter the process initiated by the neighboring country in June 2026, operating under the United Nations Convention on the Law of the Sea (UNCLOS).
World-Class Arbitrators On Board
For the crucial arbitration commission, Thailand has brought in internationally recognized legal experts. The two arbitrators appointed by Bangkok are Albert J. Hoffmann from South Africa and RĂ¼diger Wolfrum from Germany. Both are judges whose expertise in international maritime law is globally acknowledged.
Together with two arbitrators from Cambodia, they must appoint a fifth arbitrator to chair the commission by the end of July. The commission will then have twelve months to prepare a report with proposed solutions, a deadline that can be extended if necessary.
Not Judges, But Mediators
The Ministry stressed that despite the prominent jurists involved, this is not a court of law. The arbitrators will not act as advocates for either side but will listen to both parties and seek balanced recommendations. The outcome will not be legally binding but is intended to serve as a foundation for serious bilateral negotiations.
“Thailand participates in good faith and sincerely hopes that the arbitration process will contribute to both parties and both countries peacefully and sustainably resolving the dispute over the maritime area in the future,”
the Foreign Ministry quoted Bangkok’s clear stance.
25 Years of Stagnation Force Rethink
The background to this shift in approach is a failed agreement from 2001. The old Memorandum of Understanding (MOU) faltered for 25 years because Cambodia wished to pursue joint economic development of the overlapping area before the border was clearly defined. Bangkok viewed this as a dead end, as usage rights to the seabed remained unclear without a defined line of sovereignty.
Thailand had therefore consciously terminated the MOU. With the arbitration process under UNCLOS, the focus is now on border demarcation. Only after the line is cartographically established will discussions about the division of potential resources begin, with the aim of leaving as few contentious overlapping zones as possible.
Politics Must Stay Out
Regarding concerns that the charged border dispute could be exploited politically, the Department of Treaties and Legal Affairs responded calmly. Benjamin Sukarnjanathee explained that the commission comprises world-renowned experts who would not risk their reputations for political games. The arbitrators also have the right to prevent such attempts at influence.
Thailand is banking on the professionalism of the panel. The decision was deliberately made against a formal court and in favor of this mediation path. If good recommendations emerge after a year, they could serve as guidelines for final negotiations directly with Cambodia.
A Clear Line as a Win for Both
In Bangkok, the process is not seen as a zero-sum game where one country wins and the other loses. A finalized border would provide legal certainty for both sides and be a gain for everyone. For 25 years, maritime resources have not been efficiently utilized due to the ambiguous situation.
Should an agreement be reached, Thailand’s diplomatic path will not end there. A newly signed border demarcation treaty, as a matter of sovereignty, must be submitted to the Thai cabinet and parliament for approval.
Commentary
The arbitration process marks a significant step towards the peaceful resolution of the long-standing sea border dispute between Thailand and Cambodia. The involvement of experienced arbitrators and the clear separation from political influences create a solid foundation for sustainable solutions. The coming months will show whether the parties involved can reach an agreement that provides legal certainty and economic development for both sides.
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Source: Thairath