Scrapping Cambodia pact ‘not feasible’
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Scrapping Cambodia pact ‘not feasible’

Foreign ministry says 2001 MoU on territorial claims is an international treaty beyond reach of domestic law

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Bang Bao Bay on Koh Kut at sunset. The government insists there is no dispute when it comes to Thai sovereignty over the tourist island. (Photo: Vyacheslav Argenberg via Wikimedia Commons)
Bang Bao Bay on Koh Kut at sunset. The government insists there is no dispute when it comes to Thai sovereignty over the tourist island. (Photo: Vyacheslav Argenberg via Wikimedia Commons)

A petition by Thai citizens to cancel the 2001 Memorandum of Understanding (MoU) between Thailand and Cambodia regarding territorial claims is not legally feasible, according to the Ministry of Foreign Affairs.

The agreement signed in 2001 when Thaksin Shinawatra was prime minister outlines the framework for resolving overlapping territorial claims between the two countries in the continental shelf area.

It is an international treaty, and there are no domestic laws or regulations that allow for a petition to overturn it, said Russ Jalichandra, a vice-minister at the Ministry of Foreign Affairs..

Any move to annul the agreement would require political support, meaning citizens would need to elect a government with a policy to revoke the agreement, he said.

And while one side could unilaterally terminate the MoU, the other country could reject the cancellation, maintaining the treaty’s validity, he added.

According to Mr Russ, failing to uphold the agreement could lead to violations, possibly resulting in lawsuits in international courts and damaging Thailand’s credibility on the global stage.

This could also hinder future negotiations with other countries, impacting Thailand’s economy, trade, investment and development, he said.

Mr Russ emphasised that the 2001 agreement is essential for managing territorial disputes with Cambodia and securing valuable undersea resources. If cancelled, Thailand would risk escalating sovereignty issues without a resolution.

Mr Russ made the comments after Thai Pakdee Party leader Warong Dechgitvigrom initiated a petition against the MoU, which has gained support from over 100,000 people.

Writing on Facebook on Wednesday, Dr Warong said the agreement compromises Thai sovereignty, particularly over the island of Koh Kut, and risks Thailand losing access to undersea energy resources.

He called for a protest to be organised on Friday at Government House to urge the government to abandon the MoU.

Rangsiman Rome, an opposition People’s Party MP and chairman of the House committee on state security, said his committee was also conducting a thorough review of the 2001 MoU.

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