Overview
Cambodia has formally approved the United Nations Convention on the Law of the Sea (UNCLOS), with the Royal Government directed to continue all necessary procedures for implementation. For businesses and investors operating in or entering Cambodia’s maritime economy, whether in offshore energy, fisheries, shipping, or subsea infrastructure, UNCLOS provides the internationally recognised legal architecture that underpins commercial activity at sea. Below, we set out the provisions of most direct commercial relevance.
1. Offshore Energy and Natural Resources — A Bankable Legal Framework
The most commercially significant feature of UNCLOS for Cambodia is the formal assertion of sovereign rights over an Exclusive Economic Zone (EEZ) of up to 200 nautical miles.
Within the EEZ, Cambodia holds sovereign rights to explore, exploit, conserve, and manage all living and non-living natural resources of the water column, the seabed, and the subsoil, as well as the right to pursue other economic activities, including the production of energy from water, currents, and winds. This encompasses offshore oil and gas, seabed minerals, and renewable energy installations.
On the continental shelf, Cambodia exercises exclusive sovereign rights to explore and exploit its natural resources, including seabed minerals and sedentary species, meaning no third party may undertake such activities without Cambodia’s express consent. This exclusivity is critical for licensing rounds and the enforceability and stability of upstream contracts. Further, Cambodia holds the exclusive right to authorise and regulate drilling on its continental shelf for all purposes, thereby establishing clear regulatory competence for upstream oil and gas operators.
Within the EEZ, Cambodia also has the exclusive right to authorise and regulate artificial islands, installations, and structures built for resource, energy, and other economic purposes, including the establishment of safety zones (generally up to 500 metres) and the exercise of jurisdiction over customs, fiscal, health, safety, and immigration matters on those installations. This is directly relevant to the bankability and permitting of offshore projects, providing investors and lenders with a clear and internationally anchored regulatory framework.
2. Fisheries — Moving from Resource Access to Economic Value Capture
UNCLOS grants Cambodia the ability to set the allowable catch in its EEZ, manage stocks, and determine its own harvesting capacity; where Cambodia cannot fully harvest the allowable catch itself, it may grant access to the surplus through agreements, a mechanism that creates commercial leverage for negotiating access fees, supply agreements, and value-added arrangements.
The terms Cambodia may impose on foreign fishing operators include licensing and the payment of fees and other remuneration, mandatory landing requirements at Cambodian ports, the placement of observers on vessels, and specific provisions relating to joint ventures, technology transfer, and training all tools that enable Cambodia to shift from mere resource access towards domestic economic capture and local industry development.
Cambodia is also empowered to enforce its EEZ fisheries laws through boarding, inspection, arrest, and judicial proceedings, subject to prompt release upon the posting of a reasonable bond. Robust enforcement underpins the integrity of Cambodia’s fisheries licensing regime and protects domestic operators and state revenue from illegal, unreported, and unregulated fishing.
3. Shipping, Ports, and Maritime Services
Ports and harbour works are treated as part of the coast for baseline purposes, and roadsteads used for loading, unloading, and anchoring can fall within the territorial sea, which is relevant to the commercial management of anchorage and port service offerings.
While Cambodia cannot levy charges on foreign vessels solely for the right of innocent passage, it may impose charges as payment for specific services actually rendered to those ships on a non-discriminatory basis. This supports a services-based commercial revenue model, including pilotage, towage, and other port services, rather than simple transit tolling.
Cambodia may designate sea lanes and traffic separation schemes within its territorial sea for navigation safety, including requiring certain vessels, such as tankers, to use specific lanes. When appropriately calibrated, this regulatory capacity supports safer and more commercially predictable Cambodian port approaches and coastal routes.
Cambodia may adopt laws and regulations relating to innocent passage covering maritime traffic safety, the protection of installations, cables, and pipelines, conservation of living resources, environmental protection, and customs, fiscal, immigration, and sanitary controls, providing the basis for a coherent and commercially predictable coastal regulatory regime.
4. Submarine Cables and Pipelines — Regional Connectivity and Energy Logistics
On the continental shelf, while all States retain the right to lay submarine cables and pipelines, the delineation of pipeline routes is subject to Cambodia’s consent, and Cambodia may impose conditions on pipelines entering its territorial waters or territory. This is commercially significant for offshore gas export lines and regional energy interconnection projects involving Cambodia.
Within the EEZ, third States retain the freedom to lay submarine cables and pipelines but must have due regard to Cambodia’s rights and comply with Cambodia’s laws enacted consistently with UNCLOS. Cambodia is therefore well-positioned to negotiate corridor management and protection arrangements as regional digital and energy infrastructure continues to expand.
5. De-risking Investment Through Clearer Maritime Delimitation
Unresolved maritime boundaries are a persistent source of commercial uncertainty for offshore projects. UNCLOS provides a framework to manage this risk.
EEZ boundaries between adjacent or opposite States are to be agreed based on international law to achieve an equitable solution, and, pending final agreement, States are encouraged to enter into provisional practical arrangements. The same framework applies to continental shelf delimitation. Commercially, this opens the door to joint development zone arrangements or other interim structures that enable offshore projects to proceed and to achieve financial close, even while boundary questions remain formally open.
Key Commercial Takeaways
| Sector | Commercial Opportunity Enabled by UNCLOS |
|---|---|
| Oil & Gas | Exclusive licensing and drilling rights across EEZ and continental shelf; regulatory clarity for upstream contracts |
| Offshore Renewables | Sovereign rights over energy production from water, currents, and winds within the EEZ |
| Fisheries | Access fee revenues, joint ventures, landing requirements, and enforcement powers to protect domestic operators |
| Ports & Shipping | Services-based revenue model; sea lane regulation; predictable coastal regulatory framework |
| Subsea Infrastructure | Consent rights over pipeline routes; corridor management for cables |
| Cross-border Projects | Provisional joint development arrangements pending boundary delimitation |
Conclusion
Cambodia’s ratification of UNCLOS anchors the Kingdom’s maritime commercial rights within a robust and universally recognised international legal framework. Businesses and investors in offshore energy, fisheries, maritime infrastructure, and shipping should review their existing and prospective interests in Cambodian waters in light of these developments, particularly as domestic implementation regulations are expected to follow.
The information provided here is for information purposes only and is not intended to constitute legal advice. Legal advice should be obtained from qualified legal counsel for all specific situations.
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