Comparative Study of Maritime boundary Judgements for Determining Maritime Delimitation between Thailand-Cambodia in the OCA above Latitude 11 N.

Abstract

This article aims at studying possible solutions for maritime delimitation between Thailand and Cambodia. Information for analysis was sourced from judgments by the JCJ. International Court of Justice (ICJ) and International Tribunal for the Law of the Sea (ITLOS). These judgment involve circumstances, particularly the physical and geographical surrounding, such as the characteristic of coastline, islands, and rocks including. Position and sizes of offshore features similar to case between Thailand-Cambodia. The selected judgments are case between Netherlands-Germany-Denmark, Bangladesh-Myanmar, Ukraine-Romania and Nicaragua-Columbia. The results reveal that solutions for delineating maritime boundary between Thailand and Cambodia vary depending on circumstances. Otherwise, there are two significantly solutions: the first considers all offshore features regarding delineation, while the second disregards all offshore features in delineation. Unexpectedly, the new method for equidistance adjustment arises from this article suggests that equidistance line can be adjusted by ratio of the offshore feature’s area. Actually, the adjustment of equidistance line could be done based on the ratio of the length of the relevant coastlines and the ratio of offshore island and rock areas. This article can guide research about equidistance modification between Thailand and Cambodia. The purpose of this article is to study UNCLOS 1982 regarding Technical Aspects for the Law of the Sea using the overlapping claimed area between Thailand and Cambodia as a case study. The results of the study are the author's views and opinions only and do not affect status of overlapping claimed area between Thailand and Cambodia.