The story of the Congo Free State : $b Social, political, and economic aspects of the Belgian system of government in Central AfricaWack, Henry Wellington
History
The story of the Congo Free State : $b Social, political, and economic aspects of the Belgian system of government in Central Africa
Wack, Henry Wellington
Belgium -- Colonies -- Africa -- Administration; Congo (Democratic Republic) -- History -- To 1908
At this moment a line is being constructed between Stanleyville
(left bank) and Ponthierville. This line will be 140 kilometres in
length. The rails have been placed over ten kilometres, and the
embankment finished for fifty kilometres. This line will permit of
transports being made on the river above Ponthierville. As soon as
this first line is finished, others will be constructed along the
unnavigable parts of the river.
At the present moment surveys are also being made for a railway
connecting a point on the southern frontier of the Congo
Independent State (Katanga) with a point situated on the Lualaba,
south of the junction of that river with the Lufila.
The approximate length of this line, the survey of which commenced
as far back as 25th April, 1903, will be about 500 kilometres.
Having regard to those articles of the Berlin General Act which
relate to the free navigation of the Congo and its affluents, the
legal status of railways within the Conventional Basin of the Congo
becomes a matter of considerable importance, especially in view of
the growing controversy as to the proper construction of the Act.
Baron Descamps has ably treated this subject in his _New Africa_, a
volume of exceptional interest at this time. After pointing out that
the “freedom of navigation” declared by the Berlin Act must not be
confounded with freedom of railway traffic, inasmuch as the latter
admits of grants of monopoly and the former does not, this eminent
writer on questions of general and special law says:
The idea of considering railways as continuations of water-courses,
or as junctions between water-courses, was quite a new one, as was
pointed out at the Berlin Conference. The Conference realised the
necessity of providing for the logical consequences of such an
idea, and therefore it drew up special regulations which are worthy
of careful examination.
The general legal standing of railways in the Congo, the essential
rights of the authorities as to their construction, their
concession, their running powers, their charges, their position as
public highways, their administrative and judicial policy are the
same as those of railways in other countries.
The Berlin Act, as regards railways destined to provide transport
where the Congo and the Niger become unnavigable, made special
provision in clauses 16 and 23 on the one hand, and 29 and 33 on
the other—the only clauses which are concerned with railways—for
certain details of these communications. After declaring that these
railways, as means of communication, are considered as auxiliaries
of the rivers, the Act dwells on the legal consequences attaching
to the introduction of this new idea, this conventional innovation
in international relations. The consequences are as follows:
Public-domain text, read in full here on John Shaqi.
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