Thailand clarifies UNCLOS conciliation mechanism is non-binding

Thailand's Ministry of Foreign Affairs has clarified the nature of the compulsory conciliation mechanism under the UN Convention on the Law of the Sea (Unclos). The ministry emphasized that this mechanism, while capable of exerting considerable political pressure, does not carry legally binding force on disputing parties.

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findings issued by a conciliation commission differ from judgments handed down by international courts or arbitral tribunals because they are not legally binding on the parties involved.

This explanation comes after Cambodia initiated conciliation proceedings against Thailand concerning their maritime boundary dispute. The ministry published an infographic on Facebook to enhance public understanding of Unclos, highlighting that findings and recommendations from a conciliation commission serve as a basis for negotiation rather than legally enforceable judgments.

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while the commission's recommendations cannot be enforced as a matter of law, they often carry substantial political weight and may affect a country's standing and credibility in the international arena.

Despite the non-binding nature of the recommendations, the ministry acknowledged their substantial political weight and potential impact on a country's international standing. Prime Minister Anutin Charnvirakul confirmed Thailand's participation in the process, with Deputy Prime Minister and Foreign Minister Sihasak Phuangketkeow leading the Thai delegation. Anutin dismissed concerns about Cambodia gaining an advantage, expressing confidence in Thailand's position.

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We have done nothing wrong