The 2001 memorandum of understanding (MoU) between Thailand and Cambodia regarding territory claimed by both sides in the Gulf of Thailand provides a framework for negotiations on two main subjects: maritime demarcation and economic benefits from the development of energy resources, said Foreign Affairs Minister Maris Sangiampongsa.
Mr Maris cleared up details related to the negotiations over the claimed territory Tuesday. According to international law, the respective countries must negotiate and find a solution together.
He said the goal of the MoU is to set a framework and mechanism for negotiations, requiring both nations to form a Joint Technical Committee (JTC) to simultaneously discuss two issues: maritime boundary delimitation and energy resource development.
"Negotiations on either issue cannot be held separately, in accordance with the guidelines set out in international law. The cancellation of the MoU does not cause Cambodia's claim to disappear in any way," he said.
He also emphasised that the negotiations on the continental shelf area claimed by both Thailand and Cambodia are not related to Thailand's sovereignty over Koh Kut in the eastern province of Trat because the island belongs to Thailand.
In addition, the MoU has a strict safeguard clause in Article 5, stipulating that until the agreement on the maritime demarcation issue is completed, the MoU and any actions under it shall not affect the maritime claims of either country.
"This clearly confirms that the negotiations under the framework of the MoU will not affect the maritime sovereignty of each country until an agreement is reached and a formal agreement is jointly made," he said.
"The matter must be submitted to parliament for approval first, which means any agreement must be accepted by the Thai people. This may come as a surprise to those who are trying to link the Koh Kut issue with the negotiations on this claimed territory," he said.
A treaty between Siam and France dated March 23, 1907, clearly states that "Koh Kut belongs to Thailand", he added.
Thai people have lived there for more than 100 years, which Cambodia has accepted, and there has never been any dispute on this matter, he noted.
Energy Minister Pirapan Salirathavibhaga declined to answer questions about the JTC on Tuesday.
Pakorn Nilprapunt, secretary-general of the Council of State, said the MoU could be cancelled unilaterally, but this would be unwise as such a move could damage bilateral ties.
"We have to respect each other. We started the MoU together. When it is time to cancel it, the principle is that we have to talk to each other first," he said.
He also urged the media to avoid the term "overlapping area" and use "claimed territory" instead.
When asked if the phrase "overlapping area" in a legal context would be detrimental to Thailand's claim, Mr Pakorn said it could have an impact due to international law.