New maritime border treaty to clarify waters around Statia and St. Kitts & Nevis

THE HAGUE--Twelve years after negotiators reached an agreement on the maritime boundary between the Kingdom of the Netherlands and St. Kitts and Nevis, a treaty formally establishing the approximately 140-kilometre sea border is moving through the parliamentary approval process. The agreement is considered important for fisheries management, marine environmental protection and defining the jurisdiction of neighboring Caribbean territories, particularly St. Eustatius.

The proposed Kingdom Act seeks parliamentary approval for the maritime delimitation treaty signed in Basseterre, St. Kitts and Nevis, on April 4, 2024. Although negotiations were substantially completed in September 2014, formal signing was delayed for nearly a decade because of internal decision-making procedures in St. Kitts and Nevis.

According to the explanatory memorandum accompanying the proposed legislation, the first technical discussions began in 2013, followed by final negotiations in September 2014. Representatives of both sides agreed on the treaty text on September 12, 2014, with signing initially anticipated in 2016.

However, the process was delayed because St. Kitts and Nevis was establishing a maritime boundary for the first time and required additional internal consideration. The country indicated in late 2023 that it was prepared to proceed, leading to the treaty's signing the following year.

The agreement must receive the necessary parliamentary approval before ratification can proceed.

Maritime Border Important for St. Eustatius and the Wider Caribbean Region

The proposed maritime boundary extends approximately 140 kilometres, equivalent to about 75 nautical miles, and forms a major part of the network of international maritime borders surrounding the northern Caribbean islands of the Kingdom.

St. Eustatius, situated just over 10 kilometres northwest of St. Kitts and Nevis, has a particular interest in the agreement because of its geographical proximity and responsibilities relating to surrounding marine areas.

The treaty was negotiated in consultation with the public entity of St. Eustatius, including discussions with its Executive Council before the negotiations were finalized.

The agreement establishes the geographical limits of the respective maritime jurisdictions, providing greater legal clarity over matters such as fisheries management, protection of the marine environment and the exercise of government authority at sea.

Under international maritime law, clearly established boundaries help determine where countries may exercise rights and responsibilities relating to territorial waters, adjacent maritime zones and exclusive economic zones.

The boundary was developed using agreed reference points on Saba, St. Eustatius, St. Kitts and Nevis, following a method based on geographical equidistance.

Connection to St. Maarten's Maritime Boundaries

Although the treaty principally concerns maritime areas surrounding St. Eustatius and St. Kitts and Nevis, it also forms part of the wider maritime boundary system of the Kingdom in the northeastern Caribbean.

The northern end of the proposed boundary connects with the maritime delimitation agreement between the Kingdom of the Netherlands and France, concluded in Philipsburg on April 6, 2016.

That agreement addresses the maritime boundary involving St. Maarten and French St. Martin.

The new treaty establishes a point where the maritime jurisdictions of the Kingdom, France and St. Kitts and Nevis meet, creating a connection between existing and newly defined international boundaries.

To the south, the delimitation connects with an existing maritime boundary established between the Kingdom and Venezuela under a 1978 treaty.

Together, these agreements form part of the wider maritime boundary framework that the Dutch government refers to as the Windward Islands box, covering the Kingdom's maritime boundaries with neighboring Caribbean states.

Agreement Provides for Fisheries and Environmental Cooperation

Beyond defining the geographical boundary, the treaty includes provisions allowing consultation between St. Eustatius and St. Kitts and Nevis on matters relating to the management of surrounding marine areas.

These consultations may address shared maritime concerns, subject to applicable international obligations and the responsibilities of the respective authorities.

The arrangement recognizes that activities such as fishing, environmental protection and marine resource management frequently extend beyond national boundaries and can require cooperation between neighboring jurisdictions.

A further provision addresses the possibility of oil or gas deposits being discovered across the maritime boundary in the future.

Under the agreement, the parties would consult if such cross-border resources were identified.

The explanatory memorandum makes clear that no oil or gas deposits are currently known to exist in the relevant area south of St. Eustatius, St. Kitts or Nevis. The provision was included as a precautionary arrangement should resources be discovered in the future.

Maritime Boundaries With Anguilla and US Virgin Islands Remain Unresolved

While approval of the treaty would advance the Kingdom's efforts to formalize its Caribbean maritime boundaries, two other important delimitations remain outstanding.

According to the explanatory memorandum, negotiations are continuing with the United Kingdom regarding the maritime boundary involving Anguilla and with the United States concerning the US Virgin Islands.

These negotiations form part of the broader effort to establish clearly defined international maritime boundaries throughout the northeastern Caribbean.

Until agreements are concluded, the relevant sections of the Kingdom's maritime boundary framework remain subject to negotiation.

Parliamentary Approval Still Required

The proposed Kingdom Act is intended to provide the necessary approval for the treaty between the Kingdom of the Netherlands and the Federation of St. Kitts and Nevis.

The explanatory memorandum states that the agreement is intended to apply to the Kingdom as a whole, reflecting the Kingdom's responsibility for international treaty relations.

The treaty also includes provisions for resolving disagreements over its interpretation or application. Where consultations fail to produce a resolution, the agreement refers to dispute settlement procedures under the United Nations Convention on the Law of the Sea.

Although the maritime boundary was negotiated more than a decade ago and the treaty was formally signed in 2024, its ratification remains dependent on completion of the required approval procedures.

Once the treaty enters into force, it will formalize an important section of the international maritime boundary system surrounding the Kingdom's Caribbean territories, providing greater certainty for maritime governance, fisheries management and environmental protection in the region.

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