Thailand has formally notified Cambodia of its intent to withdraw from the 2001 Memorandum of Understanding (MOU 44) regarding overlapping maritime claims, insisting that the move is aimed at streamlining negotiations under international law rather than stalling them.
Thailand’s foreign minister, Sihasak Phuangketkeow, delivered the message directly to his Cambodian counterpart, Prak Sokhonn, during their bilateral meeting at the 25th ASEAN-EU Ministerial Meeting in Bandar Seri Begawan, Brunei.
“The decision to scrap the two-decade-old agreement is a strategic pivot,” Sihasak explained.
Instead of the MOU 44 framework, Thailand intends to rely on the United Nations Convention on the Law of the Sea (UNCLOS) to govern future discussions.
"This does not mean ending negotiations," Sihasak emphasised, adding "It is about transitioning to a clearer, more international framework. By establishing maritime boundaries under UNCLOS first, talks on overlapping areas will become more efficient."
The proposal is expected to reach the Cabinet for formal approval shortly. Once a resolution is passed, a formal letter of notification of withdrawal will be dispatched to Phnom Penh.
The move comes amid domestic scrutiny regarding the effectiveness of the 2001 agreement. “Despite being in effect for over 20 years, MOU 44 has failed to produce tangible progress,” Sihasak noted.
To illustrate the viability of the new approach, Sihasak cited Thailand’s past maritime negotiations with Malaysia, wherein successful agreements were reached under UNCLOS principles without the need for a similar MOU.
He also offered an assurance that the shift will safeguard national interests while ensuring fairness and clarity under international law.
Beyond the maritime dispute, both ministers discussed strengthening bilateral ties through enhanced border security, to maintain stability along the frontier, and the implementation of confidence-building measures to foster a positive atmosphere for high-level dialogue.
Regarding the Joint Boundary Commission (JBC), while Cambodia expressed a desire to convene a meeting, the Thai side noted that internal preparations, specifically regarding the composition of the Thai delegation, must be finalised first to ensure the session is productive and efficient.
The Thai government maintains that moving towards international standards will provide a more sustainable path to resolving the long-standing maritime Overlapping Claims Area (OCA), while maintaining a step-by-step restoration of diplomatic momentum with Cambodia.
