Thailand is moving to formally revoke Memorandum of Understanding 44 (MOU 44), a bilateral agreement with Cambodia that has governed joint development in overlapping maritime claims in the Gulf of Thailand for over two decades. The decision, confirmed by multiple Thai government sources, marks a significant shift in Bangkok’s approach to resolving long-standing territorial disputes, replacing the MOU framework with direct reference to the United Nations Convention on the Law of the Sea (UNCLOS).
Deputy Prime Minister and Interior Minister Anutin Charnvirakul announced the move following the first meeting of the National Security Council (NSC) under the current administration, stating that negotiations under MOU 44 would not be repeated and that Thailand would instead rely on UNCLOS principles to manage its maritime boundaries. The NSC has been tasked with overseeing the termination process and coordinating with relevant agencies to ensure a smooth transition.
The development comes amid growing domestic pressure from senators and civil society groups calling for a firmer stance on sovereignty issues, particularly regarding areas like the disputed region near Koh Kra, where Thai and Cambodian claims overlap. While MOU 44 had allowed for joint petroleum exploration and revenue sharing in the overlapping zone, critics argue it compromised Thailand’s legal position by deferring to bilateral negotiation rather than invoking international law.
According to verified reports from Thai state-aligned media, the Cabinet has endorsed the NSC’s recommendation to abolish MOU 44, with officials emphasizing that the decision does not constitute a renunciation of dialogue but rather a recalibration of legal grounding. Cambodia remains a party to UNCLOS, and Thai officials have indicated that any future discussions on maritime boundaries would occur within that multilateral framework.
The move also coincides with the appointment of a new peace talks team focused on southern Thailand, signaling a broader security policy recalibration under the Anutin-led NSC. However, officials have clarified that the maritime boundary issue and the southern peace process are separate tracks, though both fall under the council’s purview.
Understanding MOU 44 and Its Role in Thailand-Cambodia Relations
MOU 44 was signed in 2001 between Thailand and Cambodia to establish a Joint Technical Committee (JTC) for the overlapping claims area in the Gulf of Thailand, particularly Block A, which holds potential petroleum resources. Under the agreement, both parties agreed to jointly explore and develop the zone, with revenues split equally, while deferring a final demarcation of maritime boundaries to future negotiations.
The mechanism was designed as a pragmatic solution to avoid escalating tensions while allowing resource development to proceed. However, over time, it became a point of contention among Thai nationalists and legal experts who viewed it as undermining Thailand’s entitlement under UNCLOS, particularly given the country’s continental shelf claims in the area.
UNCLOS, which both Thailand and Cambodia have ratified, provides the primary international legal framework for determining maritime boundaries, exclusive economic zones (EEZs), and continental shelf rights. Unlike MOU 44, which is a bilateral and non-binding understanding, UNCLOS offers dispute resolution mechanisms including adjudication by the International Tribunal for the Law of the Sea (ITLOS) or arbitration under Annex VII.
Legal scholars note that while MOU 44 facilitated cooperation, it did not prejudice either party’s legal position—a clause often cited by supporters of the agreement. Critics, however, argue that prolonged reliance on such mechanisms without progress toward delimitation effectively delays the assertion of full sovereign rights under international law.
Government Confirmation and Internal Deliberations
Anutin Charnvirakul confirmed the government’s intent to scrap MOU 44 during a press briefing after the NSC meeting, stating that the council had agreed to use UNCLOS as the basis for managing maritime affairs moving forward. He emphasized that Thailand would not engage in repetitive negotiations under the traditional framework and that all relevant ministries, including Foreign Affairs and Natural Resources and Environment, had been directed to align their actions with the new policy.
The NSC, chaired by the Deputy Prime Minister in his role as Minister of Interior, is Thailand’s highest advisory body on national security matters. Its mandate includes assessing threats to sovereignty, coordinating inter-agency responses, and advising the Cabinet on strategic decisions. The council’s involvement underscores the gravity of the decision, which carries implications for foreign policy, energy security, and international legal standing.
Senators have also weighed in, with a group from the Senate organizing a public forum to urge the government to accelerate the abrogation of MOU 44 and related agreements like MOU 43, which covers a different section of the maritime boundary. The event, reported by LINE TODAY, featured calls for stronger protection of national interests and greater transparency in maritime policymaking.
While no official gazette notification or royal decree has yet been published announcing the termination of MOU 44, government sources indicate that the legal process is underway. The Ministry of Foreign Affairs is expected to lead the formal notification to Cambodia through diplomatic channels, though the timing and format of such communication have not been disclosed.
Implications for Regional Diplomacy and Resource Management
Thailand’s shift toward UNCLOS could influence how other ASEAN members approach similar bilateral arrangements in areas of overlapping claims. The Gulf of Thailand contains several such zones, including areas involving Malaysia and Vietnam, where joint development agreements have been used to manage uncertainty.
From a resource perspective, the overlapping zone under MOU 44 includes Block A, which has undergone limited seismic surveys but no commercial production to date. Any future exploration or exploitation would now require agreement under UNCLOS principles, potentially involving negotiation of a transitional arrangement or reference to international jurisprudence on provisional measures.
Cambodia has not yet issued an official response to Thailand’s announcement. Phnom Penh has historically preferred bilateral negotiation over third-party dispute resolution, though it remains bound by UNCLOS as a state party. Analysts suggest that while Cambodia may resist unilateral moves, it is unlikely to reject dialogue grounded in the convention, especially given its own reliance on UNCLOS in disputes with Vietnam.
The decision also raises questions about the future of the Joint Technical Committee established under MOU 44. Thai officials have not specified whether the JTC will be dissolved immediately or allowed to wind down its activities, though its mandate was intrinsically tied to the MOU framework.
What Happens Next? Official Timelines and Verified Sources
As of now, no fixed date has been set for the formal termination of MOU 44. The NSC has indicated that the process is underway, but no official announcement has been made via the Royal Thai Government Gazette or a ministerial statement. The next verifiable step will likely be an official notification to Cambodia through diplomatic channels, which would trigger the formal end of the agreement under Vienna Convention rules on treaty termination.
Thailand’s Ministry of Foreign Affairs maintains public records of treaties and international agreements on its website, where updates to MOU 44’s status would eventually appear. Similarly, the United Nations Treaty Collection, which registers MOU 44 as a bilateral instrument, would reflect any withdrawal or termination notification submitted by either party.
For ongoing developments, readers are advised to monitor statements from the National Security Council, press briefings by Deputy Prime Minister Anutin Charnvirakul, and updates from the Ministry of Foreign Affairs. The NSC typically convenes monthly, with emergency sessions called as needed, making it a reliable source for confirmed policy shifts.
While the move to abandon MOU 44 reflects a hardening of Thailand’s legal posture, it does not preclude continued dialogue with Cambodia. Officials have stressed that engagement will continue, but now under the universally recognized framework of UNCLOS, which provides clearer rules for delimitation and dispute resolution.
This story will be updated as verified information becomes available from official Thai government sources and international legal repositories.
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