Netherlands advances border treaty plan for St. Maarten and Saint-Martin

THE HAGUE--The Minister of Foreign Affairs has submitted an amended proposal for a Kingdom Act and an amended explanatory memorandum concerning the treaty between the Kingdom of the Netherlands and the French Republic on the demarcation of the land border between St. Maarten and Saint-Martin.

The May 18, 2026 document is the government’s formal response to the advice of the Advisory Division of the Council of State of the Kingdom on the proposed Kingdom Act approving the treaty. The treaty was concluded on May 26, 2023 in Belle Plaine / Belvédère and seeks to provide legal clarity on the land border between St. Maarten and Saint-Martin.

The need for a formal demarcation has long been recognized, as the last treaty concerning the border dates back to the 1648 Treaty of Concordia. That treaty did not establish a detailed legal demarcation of the border, and no further legal arrangements were made afterward. In recent years, renewed discussion about the exact course of the border, including claims involving the Oyster Pond area, increased the need for a clear and legally established boundary.

The Council of State endorsed the importance of clear agreements regarding the territory of the Kingdom on land and at sea. It also acknowledged the importance of both the 2016 maritime boundary treaty and the 2023 land border treaty in establishing greater legal certainty between the Kingdom of the Netherlands and France.

In its advice, the Council of State raised two main points. First, it requested that the explanatory memorandum clarify the relationship between the relevant territorial treaties. These include the 1648 Treaty of Concordia, the 2016 maritime boundary treaty, the 2023 land border treaty and the United Nations Convention on the Law of the Sea.

In the May 18 response, the Minister of Foreign Affairs stated that this recommendation was followed. The explanatory memorandum was amended to clarify the relationship between the three treaties most relevant to the 2023 border treaty: the Treaty of Concordia, the UN Convention on the Law of the Sea and the Maritime Boundary Demarcation Treaty.

The second point concerned which provisions of the treaty may have direct effect. Under Kingdom law, when a treaty is submitted for parliamentary approval, government must indicate whether any provisions may be binding on everyone by their content.

The Council of State noted that the original explanatory memorandum referred to “some” provisions as binding on everyone, in particular Article 11, but did not identify all possible provisions. The Council advised government to name all treaty provisions that may have such direct effect.

In its May 18 response, the government partially adopted this recommendation. It maintained that Articles 4, paragraph 2, Article 5 and Article 12 are intended to bind only the governments of both states in their mutual relationship and are therefore not considered binding on everyone.

However, the government accepted the Council’s advice regarding several other provisions. The explanatory memorandum now identifies Article 6, paragraphs 5, 7 and 8, Article 7 and Article 8, paragraph 4, as provisions that may be binding on everyone.

The Minister also noted that, where necessary, the treaty agreements will be implemented through local regulations in St. Maarten to ensure that the rights and obligations of legal entities can be properly carried out.

The Council of State also drew attention to provisions that may directly affect people, fishermen and businesses. These include access to waters, freedom of navigation, the right to moor and the freedom of small-scale artisanal fishing in Oyster Pond and Simpson Bay Lagoon.

It also pointed to possible rights and obligations related to access to the border line, boundary markers, concession works, restrictions on new buildings at the border and the regularization of the legal status of persons or legal entities affected by the treaty. The government later accepted only part of that advice, agreeing that certain provisions on boundary signs, border access and building restrictions may be binding on everyone, while maintaining that provisions on navigation, mooring, fishing and legal regularization mainly bind the two governments in their mutual relationship.

The opportunity was also used to update the structure of the explanatory memorandum before submitting the amended documents to the House of Representatives of the States General, the Parliament of Aruba, the Parliament of Curaçao and the Parliament of St. Maarten.

The next step is parliamentary handling. The amended proposal for a Kingdom Act and the revised explanatory memorandum will be sent to the House of Representatives in the Netherlands, as well as to the Parliaments of Aruba, Curaçao and St. Maarten. Because the treaty concerns the Kingdom and directly affects St. Maarten’s land border with Saint-Martin, the proposal must move through the Kingdom legislative process before final approval can be completed.

St. Maarten’s Parliament will have an opportunity to review the documents, raise questions and provide input through the Kingdom process. That review is important because the treaty deals with practical border issues on the island, including access, use of waters, boundary markers, building restrictions near the border and the position of persons or businesses affected by the demarcation.

If the Kingdom Act is approved, the Kingdom of the Netherlands can proceed with the formal approval of the treaty with France. After that, implementation will still be required. The May 18 response specifically notes that, where necessary, the treaty agreements will also have to be carried out through local regulations in St. Maarten, especially where the rights and obligations of residents, businesses and other legal entities are involved.

The border treaty is intended to provide legal clarity on the land boundary between St. Maarten and Saint-Martin and to strengthen the formal framework governing territorial relations between the Kingdom of the Netherlands and the French Republic on the island.

If approved, the treaty will form part of the legal foundation for border-related matters on the island, including access, boundary markers, building restrictions near the border and other practical issues connected to the demarcation.

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