Cambodian stubbornness raises tensions [-Is Cambodia the only one who is stubborn?]

The Cambodian government's refusal to acknowledge a Thai protest played a part in Bangkok's decision to recall its ambassador and downgrade relations with Phnom Penh.

The Foreign Ministry summoned Cambodian ambassador You Aye to the ministry to accept a formal letter of protest the day after Thaksin Shinawatra's appointment as an adviser to Cambodian Prime Minister Hun Sen was announced last Wednesday.

But the envoy neither appeared in person nor sent a representative to receive the protest.

The ambassador's action was seen as unacceptable as it demonstrated Phnom Penh's lack of concern over the matter.

Thai ambassador to Cambodia, Prasas Prasasvinitchai, was ordered to return to Thailand that day.

Phnom Penh then recalled You Aye, who travelled back to her country by car on Friday.

The government has now gone a step further by terminating the memorandum of understanding (MoU) on the disputed maritime boundary dividing the two countries.

The ministry cited "a fundamental change in circumstances" under the 1969 Vienna Convention on the Law of the Treaties as the basis for the revocation. The convention states: "A party may claim that a treaty should be terminated, even without an express provision, if there has been a fundamental change in circumstances. Such a change is sufficient if unforeseen, if it undermined the 'essential basis' of consent by a party, if it radically transforms the extent of obligations between the parties, and if the obligations are still to be performed."

It is applicable in this case as Thaksin's appointment as an economic adviser will give Cambodia an undue advantage in future negotiations. Thaksin's administration was involved in drawing up the MoU. The document was signed in 2001 when he was prime minister.

Thailand believes Cambodia has violated an objective of the MoU whereby the two sides agreed to jointly develop the area and delimit the overlapping maritime zone together under a clause saying the two things are "an indivisible package".

The Foreign Ministry's legal experts met on Sunday to discuss Thailand's decision to terminate the MoU. The meeting decided the move was possible.

They briefed Foreign Minister Kasit Piromya on his return from the Japan-Mekong summit in Japan.

Yesterday's cabinet decision to terminate the MoU will require parliamentary endorsement. If approved, it will be the first time Thailand has unilaterally revoked a treaty with another country.