According to Foreign Affairs Minister Maris Sangiampongsa, the Memorandum of Understanding ( MoU) between Thailand and Cambodia regarding territory claimed by both sides in the Gulf of Thailand provides the framework for negotiations on both the development of energy resources and maritime demarcation.
On Tuesday, Mr. Maris clarified facts surrounding the negotiations over the claimed place. The parties may engage in collective negotiations and find a solution in accordance with international law.
He claimed that the MoU’s goal is to establish a framework and negotiation mechanism that would require the two countries to form a Joint Technical Committee (JTC ) to discuss two issues, including energy resource development and maritime boundary delimitation.
According to international law, conversations on either subject cannot be held differently. The withdrawal of the MoU does not produce Cambodia’s say to vanish in any way”, he said.
He added that because Thailand owns the island of Koh Kut in the eastern province of Trat, it is not related to Thailand’s independence over the continental shelf, which both Thailand and Cambodia claim.
Additionally, Article 5 of the MoU contains a rigid guard clause in Article 5, which stipulates that neither country’s maritime claims will be affected until the contract on the maritime demarcation issue is finalized.
This demonstrates that each nation’s sea independence will remain unchanged until an agreement is reached and a formal agreement is reached in-between, he said.
Any deal must first be accepted by the Thai people, meaning that the problem must first be submitted to congress for approval. Those who are trying to tie the Koh Kut dispute to the conversations over this disputed territory may find this surprising, he said.
A treaty between Siam and France dated March 23, 1907, clearly says that” Koh Kut belongs to Thailand”, he added.
Thai people have lived there for more than 100 years, which Cambodia has accepted, and there has never been any debate on this subject, he noted.
On Tuesday, Energy Minister Pirapan Salirathavibhaga declined to respond to concerns about the JTC.
Pakorn Nilprapunt, secretary-general of the Council of State, said the MoU had been cancelled formally, but this would be inappropriate as for a move could harm diplomatic ties.
” We have to value each other. We started the MoU up. The tenet dictates that we must speak to each other first when it is time to withdraw it, he said.
He also urged the press to avoid the name “overlapping place” and use” claimed place” otherwise.
When questioned about whether the word “overlapping area” in a legal context might affect Thailand’s claim, Mr. Pakorn responded that it might have an effect due to international law.