PARIS--The French National Assembly has approved the agreement establishing a definitive border between French Saint Martin and St. Maarten, clearing the French side of the parliamentary process and placing the next major step with the Parliament of the Kingdom of the Netherlands.
The National Assembly adopted the legislation on Thursday morning, July 16, through a simplified examination procedure and without amendments. The French Senate had previously approved the agreement on April 15.
On the Dutch side, the proposed Kingdom Act approving the treaty is currently before the Second Chamber. The legislation was submitted on May 28, 2026, and the parliamentary process remains incomplete, with debate and voting still listed as outstanding.
The agreement was signed at Belle Plaine, Belvédère, on May 26, 2023, after years of negotiations between France and the Kingdom of the Netherlands. It is intended to settle a legal uncertainty that has existed since the island was divided under the Treaty of Concordia in 1648.
Although a customary border has long been recognised in practice, the original agreement did not provide a complete set of precise legal coordinates. The new treaty formally defines the boundary across the island and through its internal waters.
The French parliamentary review concluded that the agreement would end a longstanding and potentially harmful legal uncertainty, strengthen effective sovereignty, protect economic activity and improve cooperation between the two sides of the island.
Oyster Pond Central to Agreement
One of the most important issues addressed by the treaty is the division of Oyster Pond, where France and the Kingdom of the Netherlands had maintained different interpretations of the boundary.
The agreement establishes precise geographical coordinates for the border and formally determines how Oyster Pond and Simpson Bay Lagoon are divided between the two jurisdictions.
It also provides rules governing border access, maintenance and construction near the boundary. A joint commission consisting of three representatives from each party will be created to address technical issues and oversee the maintenance and marking of the border. The commission is expected to meet at least once annually, alternating between the two sides.
The treaty also encourages additional cross-border arrangements in areas of shared interest.
French parliamentary reports noted that implementation will require careful attention to historic land arrangements, existing businesses and other situations that developed while the precise legal boundary remained unsettled.
Authorities will have to ensure that affected property, commercial and administrative matters are regularised without unnecessarily disrupting residents or established economic activity.
Border to Be Defined by Digital Coordinates
The precise route of the border is contained in the treaty’s annexes through lists of digital geographical coordinates.
Once the agreement takes effect, authorities will be able to determine more clearly which jurisdiction applies to particular areas, including land and internal waters near the boundary. French maps and official geographical records are expected to be updated accordingly.
The treaty also establishes procedures for maintaining the border, accessing boundary areas and managing construction close to the dividing line.
The maritime boundary outside the island’s internal waters was already established through a separate agreement signed in 2016. The 2023 treaty focuses on the land boundary and internal waters shared by the two sides.
Dutch Approval Still Required
France’s approval does not mean the treaty takes effect immediately.
The Kingdom of the Netherlands must complete its own parliamentary approval process. The proposal is currently under consideration in the Dutch Second Chamber, after which the remaining constitutional steps must be completed.
The Dutch legislation states that the agreement will provide legal clarity and allow practical matters, including border maintenance and rights in cross-border internal waters, to be managed more effectively.
Once both France and the Kingdom of the Netherlands have completed their internal procedures and formally notified each other, the agreement can enter into force according to the timetable established in the treaty.
The French approval marks a major step toward formally settling a border that has existed in practice for nearly four centuries but has never been completely defined in law.
For St. Maarten and French Saint Martin, the agreement is expected to provide greater certainty for property rights, commercial activity, infrastructure planning, law enforcement and future cross-border cooperation.
Photo : French President Emmanuel Macron and Dutch Prime Minister Rob Jetten.
