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
1. The obligation of opening the railways to the traffic of all
nations (Art. 16, § 1), and the inviolability at all times of the
lines thus opened to the trade of all nations (Art. 25, § 1).
2. The obligation to refrain from any excessive railway rates, that
is to say, “not calculated on the cost of construction, maintenance
and management, and on the profits due to the promoters.” The
Berlin Act states but these general principles, its object being
to give the basis of calculation rather than a detailed solution
of the problem, since it does not draw up a schedule of rates with
respect to the nature of goods or the scale of the charges.
3. The obligation to observe, in fixing a tariff within these broad
limits, “equality of treatment for the strangers and the subjects
of the respective territories.”
[Illustration: Coffee Plantation at Yalicombe (Oriental Province).]
Thus, equality is sure to be observed as regards the tariff, both
in the case of subjects and foreigners, and especially so in
business which may be called the sphere of private activity, _i.
e._, commerce. Thus also the power of the State to allow exclusive
access to the railways, to impose extra or unfair charges, is
minimised. The Berlin Act goes so far, but does not pass these
limits. Beyond this, it does not affect the sovereign prerogatives
of the State as regards its territory.
According to the usual right of the Powers in all that regards
railways, the State can order the establishment of the same, can
have them constructed, run them itself, and fix their tariff. It
can also, if deemed preferable, authorise a concessionaire to
collect the charges on the contemplated line, on condition that
he shall undertake the construction and maintain the established
tariff.
The Berlin Act respects these fundamental rights. It offers no
opposition against whatever arrangements the State makes with its
concessionaire as regards a schedule of rates with respect to the
nature of goods or the scale of the charges. It does not intrude
upon the internal organisation of the rates, except so far as it
circumscribes them within the following limitations: 1, all are
free to use the railways; 2, no distinction can be based on the
nationality of individuals; 3, and no excessive rates are to be
imposed.
Circumstances may render changes in the tariff advisable, and
the State may modify the rates periodically.[24] It may also
exercise the right of ordering its concessionaire to make certain
modifications and reductions.
Public-domain text, read in full here on John Shaqi.
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