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Cambodia uses obscure UN processes to resolve maritime dispute between Thailand and Cambodia

Cambodia has been relying on the little-used UN arbitration procedure known as "compulsory reconciliation" to settle a long-running maritime border dispute with Thailand. It is hoping that this will resolve the dispute and allow it to unlock potential oil and natural gas resources worth billions of dollars.

What is the CAMBODIA - Thailand dispute about?

Since more than 25 years, Cambodia and Thailand both claim about 26,000 square kilometers of?sea? in the Gulf of Thailand. It is estimated that the disputed maritime belt contains nearly 12 trillion cubic foot of natural gas, and large quantities oil worth about $300 billion.

In 2001, the Southeast Asian neighbors signed a pact to create a framework for jointly exploiting the energy resources of the "overlapping claims zone". Thailand's government unilaterally ended the agreement with Cambodia last month, fulfilling an election promise made by Thai PM Anutin Charnvirakul. This was after two deadly rounds of conflict along a disputed border in last year.

WHAT IS COMPULSORY conciliation? The Cambodian government announced on Tuesday that it has launched a mandatory conciliation process in accordance with the UN Convention on the Laws of the Sea.

A compulsory conciliation is an alternative dispute resolution method that can be initiated by any signatory of the convention against another. The Conciliation Commission is a group of five members that each country nominates two conciliators to. The commission will investigate the facts and legal position of each country to provide a set non-binding recommendation, which is also sent to the UN Secretary General in a separate report.

Has it been used before?

East Timor (also known as Timor Leste) has been the only country to use this UN-backed mechanism in order to resolve a long-standing maritime dispute with Australia.

East Timor officially started the process by sending a notification to Australia on April 11, 2016. Australia agreed a few weeks later to join the process.

Early March 2018, after less than two years' worth of negotiations, two countries signed an agreement on maritime boundaries at the UN Headquarters, in front of the UN chief.

What is next in the process?

The Cambodian Foreign Minister, Prak Sokhonn has been delegated to act as the country's?agent in the proceedings. Peter Taksoe-Jensen, a Danish diplomat, and Jean-Marc Thouvenin, a French academic, have also been appointed to the Conciliation Commission. Taksoe Jensen was the chair of the commission which conducted the negotiations between East Timor, Australia and the Danish diplomat Peter Taksoe Jensen.

According to a statement from the Cambodian government, Thailand has 21 calendar days to name its?conciliators. If they fail to do so, Cambodia may request that the UN Secretary-General appoints them in Bangkok's place.

Anutin, Thailand's Anutin, said that he did not know that Cambodia had initiated the mandatory conciliation process. He added that his government would use UNCLOS principles for its next actions.

He told reporters that Thailand hasn't yet decided when it will move forward.

The commission must choose a chairperson in 30 days after four members are appointed. (Reporting and editing by Josh Smith, Kate Mayberry and DevjyotGhoshal)

(source: Reuters)