Phnom penh: H.E. Seng Dyna, Secretary of State and Spokesperson of the Ministry of Justice, has underscored that the Memorandum of Understanding between Cambodia and Thailand on the Survey and Demarcation of the Land Boundary (MoU 2000) cannot be unilaterally revoked.

According to Agence Kampuchea Presse, H.E. Seng Dyna cited two main reasons for this assertion. First, although titled an MoU, the document constitutes an international agreement with the same legal weight as a treaty, having been registered with the United Nations and officially promulgated in accordance with Article 102 of the UN Charter. He further explained that under customary international law and the jurisprudence of the International Court of Justice (Somalia v. Kenya, 2017), any written agreement between states that establishes binding legal obligations under international law carries the same value as a treaty, regardless of its title.

Second, he noted, the MoU 2000 contains neither an expiration clause nor provisions for unilateral termination. “Therefore, the MoU 2000 remains in force until its purpose-the survey and demarcation of the land boundary between Cambodia and Thailand-is fulfilled. No party may withdraw from it without the consent of the other,” the spokesperson stressed.

The remarks come amid reports in Thai media that the Thai Prime Minister is considering holding a national referendum on whether to revoke two MoUs with Cambodia, covering land boundary and maritime claims.