Discussion on the Application of Dispute Settlement Mechanism of the 1982 United Nations Convention on the Law of the Sea to the Thai - Myanmar Maritime Dispute

Authors

Yodsapon Nitiruchirot

Publication Date

2022

Abstract

This qualitative research study aims to examine theThai-Myanmar maritimedispute,applying the dispute settlement mechanism of the 1982 United Nations Convention on theLaw of the Sea (UNCLOS). The research methodology includes documentary research and in-depth interview. After analyzing data collected,itis found that the dispute settlement mechanismof the UNCLOS comprises voluntary and compulsory procedures. As both Thailand and Myanmarare parties to the UNCLOS and their dispute involves an area in the Andaman Sea, thoseprocedures may be applied. Thecompulsory procedure may be applied with some issues, but notthe territorial dispute and the boundary delimitation dispute. Therefore, there are few benefits togain from the procedure. The voluntary procedure especially negotiation, on the other hand, should be the most appropriate method considering history of both parties.

First Page

44

Last Page

58

Recommended Citation

Nitiruchirot, Yodsapon (2022) "Discussion on the Application of Dispute Settlement Mechanism of the 1982 United Nations Convention on the Law of the Sea to the Thai - Myanmar Maritime Dispute," Asian Review: Vol. 35: No. 1, Article 4.
Available at: https://digital.car.chula.ac.th/arv/vol35/iss1/4