Malaysia-Thailand Joint Development Agreement

Abstract

1. Malaysia and Thailand have been very pragmatic in resolving the overlapping claims of the continental shelf in the Gulf of Siam or otherwise known as the Gulf of Thailand, by creating a joint development area (JDA). The JDA between Malaysia and Thailand could be taken as a model for a peaceful resolution of overlapping claim areas in other parts of the world, especially in the South China Sea. The fact that the strong political will by both Malaysia’s and Thai’s political leaders led to a peaceful resolution of the overlapping claims, without ceding claimed sovereignty and without prejudice to any future claim is important, not only for Malaysia and Thailand, but also for the Association of Southeast Asian Nations (ASEAN), as both countries are the founding members of the ASEAN in 1967. 2. The Gulf of Thailand is a semi-enclosed arm of the South China Sea, bounded by Cambodia, Malaysia, Thailand, and Vietnam. All these littoral States have made claims to the extended zones of maritime jurisdictions, namely the continental shelf and the exclusive economic zones (EEZ), within the scope of the United Nations Convention of the Law of the Sea 1983 (UNCLOS).1 The Gulf of Thailand is also known to contain deposits of petroleum materials, making it more important for the littoral States.