Why did Cambodia choose UNCLOS compulsory conciliation instead of military escalation?

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Cambodia Opted for UNCLOS Compulsory Conciliation Over Military Escalation

Cambodia chose to invoke the compulsory conciliation mechanism under the United Nations Convention on the Law of the Sea (UNCLOS) as an alternative to military escalation following Thailand's withdrawal from a 2001 Memorandum of Understanding concerning overlapping maritime claims. This diplomatic approach aligns with Asean's established norm of exhausting legal and diplomatic avenues before considering coercive measures, reflecting a preference for structured negotiation under international supervision without compromising national sovereignty.
A Precedent of Successful Diplomatic Resolution

The invocation of UNCLOS compulsory conciliation by Cambodia is notable as this mechanism has been successfully employed once before. Between 2016 and 2018, Australia and Timor-Leste utilised this process to resolve a long-standing maritime dispute. This precedent demonstrates that compulsory conciliation offers a framework for continued negotiation under international oversight, distinct from arbitration or litigation, and without the parties relinquishing their sovereign rights.
Building Confidence for Future Negotiations

Cambodia's decision suggests a belief that the UNCLOS conciliation process can foster a more conducive environment for both nations to re-engage in meaningful bilateral negotiations. This mechanism provides a structured pathway for diplomacy, guided by international law, aiming to build confidence between the involved parties. This approach is seen as consistent with Asean's broader philosophy that prioritises dialogue and inclusiveness over confrontational stances.
Reinforcing Asean's Norm of Diplomatic Engagement

The Cambodian government's choice to pursue conciliation rather than military action strongly reinforces Asean's long-standing principle of prioritising diplomatic and legal instruments in resolving disputes. This adherence to diplomatic channels, even amidst complex maritime claims believed to hold significant energy resources worth up to US$300 billion, underscores the regional bloc's commitment to peaceful dispute settlement and avoiding coercive measures.

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Why did Cambodia choose UNCLOS compulsory conciliation instead of military escalation?

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