WILLEMSTAD — A proposal of National Law on the determination of a sea border between Curaçao and Bonaire, and between St. Maarten and Saba has recently been presented to the Lower Chamber. During the political steering committee of November 26th, 2008, it had already been confirmed that there was agreement on the aforementioned.
In an easterly direction and in a westerly direction, the end- points of the sea border are the tri-points, which form the concurrence of the middle lines between the sea territories of the land St. Maarten, the public body Saba, and France. There is no agreed upon border here yet with regard to a junction. Consequently, the end-points have not been determined yet. The negotiations with France are still in progress.
The new sea borders imply a demarcation of the territorial waters, the junction zone, and the exclusive economical zone. A demarcation of the sea border between St. Maarten and St. Eustatius is not necessary, as the territorial sea, the junction zone, and the exclusive economical zone of both island territories do not border one other. This is due to the presence of the island Saint Barthélemy (St. Barths), which belongs to France. Therefore, St. Eustatius is not mentioned in the concept.
The significance of the sea borders will increase when the exertion of judicial powers is transferred to the new political entities, according to the Explanatory Memorandum of the enactment. "It is possible that by measures of legislation on both sides of the border, separately, be it as regards content perhaps barely different regimes will develop for conservation and management, exploration or exploitation of natural resources, existent or non-existent, from sea-floor and underground, or of the above lying waters."
Citizens of third states, which develop activities of this nature in the relevant sea territories, will also have to consider these regimes. Insofar, the border is therefore also relevant for them.
Venezuela
According to international law, the Kingdom will remain responsible for the entire territory of the exclusive economical zone for the conformity of the legislation in force there of its constituent parts with the appropriate standards of the international law. Viewed from the bilateral obligations towards neighboring states, the Kingdom will also remain responsible for the entire involved sea territory for compliance with that, which was determined in the realized border treaty between the Kingdom and Venezuela on March 31st. 1978 in Willemstad. "The relevant laid down regulations, amongst others, with regard to passage and flights, and with regard to the construction and presence of installations in sea, are in no way affected by the determination of a sea border between the land Curaçao and the public body Bonaire, or by the possibility that on both sides of that border all kinds of national lawful regimes become effective" according to the Explanatory Memorandum.
The National Law will not be applicable on Aruba. Inclusion in the Publication paper of Aruba is therefore also not a condition for its commencement. Nevertheless, it is desirable that Aruba publishes the National Law in view of the shipping traffic between Aruba and the other Leeward Islands, according to State Secretary Ank Bijleveld-Schouten (Kingdom Relations, CDA) who presented the enactment.
News article taken from www.amigoe.com