Thayer Consultancy Background Briefing:

ABN # 65 648 097 123

Cambodia Ratifies UNCLOS
Carlyle A. Thayer
January 5, 2020

On 30 December 2019, 110 National Assembly deputies unanimously approved seven

draft laws in a historic session that saw the Kingdom of Cambodia ratify UNCLOS.
Hou Sry, the Acting Head of the Committee on Investment Plan, Agriculture, Rural
and Environmental Development and Water Resources, said UNCLOS would ensure
the conservation of medium- and long-range migratory fish stock “based on a careful
approach and the best scientific evidence”.
Sry also stated, “Cambodia can benefit from [ratifying UNCLOS] because it affirms the
Kingdom’s commitment to resolving concerns responsibly, and grants access to
technical and financial assistance for the management and conservation of fishery
resources”. He also noted that ratification would contribute to cooperation at sub-
regional, regional and international levels between the coastal nations and states that
use their waters to fish.
Q1. Why has Cambodia ratified UNCLOS at this time and not sooner? Were there any
other factors besides conservation of the fish stock that influenced Cambodia’s
ratification of UNCLOS?
ANSWER: UNCLOS is widely considered the Constitution of the world’s seas. UNCLOS
is not concerned with establishing sovereignty, but rather UNCLOS sets out the
entitlements and responsibilities of littoral states. It also contains compulsory dispute
settlement mechanisms, although parties to a dispute are free to mutually agree on
other means to settle disputes.
In the past, Cambodia has been a strong supporter of China’s claims to the South China
Seas and critical of the Arbitral Tribunal that heard the claims brought by the
Philippines against China. But at that time Cambodia has not acceded to UNCLOS.
Three inter-related factors are likely to have weighed on Cambodia’s decision to ratify
UNCLOS at this time. Cambodia is very keen to be seen as supportive of international
law by the international community.
The first factor relates to the impending decision by the European Union to consider
rescinding preferential tariffs under their Everything But Arms (EBA) policy. Cambodia
is one of the major beneficiaries of the EBA scheme.
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Second, Cambodia hopes to take advantage of the recent improvement in bilateral

relations with the United States by demonstrating its support for a “rules based” Indo-
Pacific region.
Third, Cambodia is feeling isolated and overly dependent on China at this particular
time. Some friction has arisen over the behaviour of Chinese Investors, companies and
Chinese nationals working and living in Cambodia. By ratifying UNCLOS Cambodia
hopes to gain space for resolving maritime disputes with its neighbours Thailand and
Vietnam. Vietnam acceded to UNCLOS in 1994, Thailand did so in 2011.
Q2. What will be the impact on Vietnam, especially concerning especially the
demarcation of sea borders off southern Vietnam?
ANSWER: Cambodia’s ratification of UNCLOS should be viewed as a positive move
from Vietnam’s point of view. The two states have long-standing maritime disputes
that have not been resolved. UNCLOS specifically addresses the entitlement of littoral
states including states that have overlapping claims because they are adjacent to each
other.
UNCLOS enjoins state parties to resolve their disputes peacefully, and if they are
unable to do so to enter into arrangements of a practical nature in the meantime.
UNCLOS also contains provisions on the duty to cooperate to preserve the marine
environment, especially in semi-enclosed seas.
As a signatory to UNCLOS, Cambodia can now determine its baselines (drawn at low
tide) and thus claim internal waters, a 12 nm territorial sea, a contiguous zone, and a
200 nm continental shelf. This will enable Cambodia and Vietnam to determine
precisely where their claims overlap. This will assist negotiations to reach a settlement
and failing this the adoption of “practical measures” to cooperate peacefully until a
final settlement is reached.
Finally, the current ASEAN-China Single Draft South China Sea Code of Conduct
Negotiating Text contains several proposals for cooperating to preserve the marine
environment including dwindling fish stocks. Cambodia, as the last member of ASEAN
to accede to UNCLOS, will now be on an equal legal footing with all other ASEAN
members and China.

Suggested citation: Carlyle A. Thayer, “Cambodia Ratifies UNCLOS,” Thayer

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Thayer Consultancy provides political analysis of current regional security issues and
other research support to selected clients. Thayer Consultancy was officially
registered as a small business in Australia in 2002.