Home » Scenarios Sint Maarten post-Irma – The Statute explained

Scenarios Sint Maarten post-Irma – The Statute explained

In the wake of Hurricane Irma, the devastation to the island of Sint Maarten and the necessary rebuild and recovery activities to be undertaken, this situation got highly complicated by undesired political tensions between the Sint Maarten and Dutch Government. In this light, scenarios need to be analyzed for risks and impacts in order to make conscious decisions and measures.

In the next few days, UPG will further elaborate on the different options Sint Maarten has, along with the pro’s and con’s which go along with each of them.

A further explanation and elaboration of the Statute of the Kingdom of The Netherlands, by the UPG FOundation based on the opinion article in the Trouw newspaper of October 19th, 2017 (Mr. Dr. Flora Goudappel, Associate Professor at Erasmus University Rotterdam, International and European law)

UPG - Getting down to the reality of the tension between The Netherlands and Sint Maarten

To conclude the first phase of the preliminary analysis
It is very unlikely the countries within the Kingdom, being Aruba, Curaçao, The Netherlands, and Sint Maarten come to a mutual agreement to change the Statute of the Kingdom of The Netherlands so that e.g. Sint Maarten becomes timely a fully independent country

Statute for the Kingdom of the Netherlands – Valid from 10-10-2010 to present

Article 36
The Netherlands, Aruba, Curaçao and Sint Maarten provide each other help and assistance

Article 43

  1. Each country carries out the achievement of fundamental human rights and freedoms, the rule of law and the soundness of government;
  2. The safeguarding of these rights, freedoms, legal certainty and soundness of government is a matter for the Kingdom

Article 51

  1. Where a body in Aruba, Curaçao or Sint Maarten does not provide or does not provide sufficiently for the purposes of the Statute, an international arrangement, a governmental act or a general measure of government, may, with reference to the grounds of law and the reasons on which he maintains that a general measure of government governs the way in which it is provided;
  2. For the Netherlands, this article provides for the constitution as necessary

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