Monitoring could help restore ties
samlot chit
Monitoring could help restore ties
'Outdated' deals fail to prevent clashes
PUBLISHED : 18 Aug 2025 at 04:42
Malaysia's Prime Minister Anwar Ibrahim reacts as Cambodia's Prime Minister Hun Manet and Thailand's acting Prime Minister Phumtham Wechayachai shake hands following a press conference, on the day of mediation talks on the Thailand–Cambodia border conflict, in Putrajaya, Malaysia July 28, 2025. (Photo: Reuters)A full return to the stability once enjoyed between Thailand and Cambodia may be difficult to envision, yet disengagement or open confrontation would only deepen divisions, experts say.
This was the central message at "The Horizon Ahead: The Role of International Law in Shaping Thai–Cambodian Relations", a forum held last week at Thammasat University, where scholars urged measures backed by stronger and more transparent monitoring mechanisms as one way forward.
Assoc Prof Jaruprapa Rakpong, a lecturer in international economic law at Thammasat, said economic tensions reflect the deterioration in bilateral relations.
For years, Thailand enjoyed a dominant trade surplus with Cambodia at a ratio of 4.5:1. That advantage has weakened, not due to competitiveness alone, but because preferential trade schemes such as the Generalised System of Preferences (GSP) have been withdrawn.
The biggest setback came in 2020, when the EU suspended its GSP for Cambodia over political rights concerns.
She said using trade as a weapon harms civilians as much as governments. While sanctions and trade bans may exert pressure, they often amplify humanitarian suffering.
She recommended engaging countries that still grant GSP privileges to Cambodia as intermediaries to explore more constructive economic solutions.
Another key speaker, Asst Prof Thanapat Chatinakrob, pointed to outdated agreements and legal breaches.
He said bilateral relations still operate under the 2000 Memorandum of Understanding, which refers to peaceful dispute resolution. However, it has failed to prevent armed clashes during political flashpoints.
Of particular concern is Cambodia's use of landmines, in violation of the Ottawa Treaty. Such actions raise both legal and humanitarian alarms, he said.
International frameworks like the UN Charter and the Geneva Conventions clearly define military conduct and civilian protection, but without robust enforcement, violations persist unchecked.
The law experts agreed that domestic political instability, rising nationalism, and populist sentiment in both countries could narrow the space for diplomacy.
Regionally, the spread of advanced military technologies, from heavy weapons to drones and foreign-supplied arms, they said, heightens the risk of escalation.
The role of external actors, whether through great power influence or Asean mediation, could significantly shape the trajectory of any conflict.
Policy experts advocate establishing a permanent, mutually recognised border regime; adopting a code of conduct for disputed areas, including limits on inflammatory media coverage; and expanding humanitarian cooperation, especially in landmine clearance and civilian protection.
Overlapping maritime claims are another obstacle, said another law lecturer, Asst Prof Krisdakorn Wongwuthikun.
Negotiations have stalled because unresolved land boundaries prevent agreement on sea limits. Cambodia has unilaterally drawn maritime boundaries, while Thailand resists third-party mediation. The contested waters, rich in resources, remain untapped.
He suggested adopting adaptive solutions under international maritime law, citing the Australia–Timor-Leste joint development arrangement as a viable precedent.
Perhaps the most urgent concern lies in the surge of transnational criminal operations based in Cambodia -- particularly human trafficking and cyber scam syndicates.
Lecturer Phattharaphong Saengkrai described the situation as a human rights crisis involving torture, forced labour, and abuse of victims from multiple countries.
Despite occasional raids, illegal operations often resurface, shielded by corruption or political inertia.
Mr Phattharaphong urged Thailand to elevate the issue at global forums such as the UN, build international coalitions, enhance cross-border enforcement, and consider legal measures including International Criminal Court referrals and targeted asset freezes.
The reality, experts agreed, is the era of trust and easy cooperation between Thailand and Cambodia is over. Economic retaliation, militarised borders, broken deals, and nationalist rhetoric have eroded the foundations of peace.
While international law cannot guarantee friendship, it can enforce order, reduce the risk of conflict, and hold violators accountable.
A future based on legal diplomacy -- through permanent border agreements, demilitarised zones, monitored compliance, and humanitarian initiatives -- may not restore the closeness of the past. But it can create a stable coexistence in which disputes are contained and managed, rather than left to escalate, they said.
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