http://ocid.nacse.org/qml/research/tfdd/toTFDDdocs/4ENG.htm
28 June, 2005
| GENERAL ACT OF THE CONFERENCE AT BERLIN OF THE
PLENIPOTENTIARIES OF GREAT BRITAIN, AUSTRIA-HUNGARY,
BELGIUM, DENMARK, FRANCE, GERMANY, ITALY, THE
NETHERLANDS, PORTUGAL, RUSSIA, SPAIN, SWEDEN AND NORWAY,
TURKEY AND THE UNITED STATES RESPECTING: (1) FREEDOM OF
TRADE IN THE BASIN OF THE CONGO; (2) THE SLAVE TRADE;
(3) NEUTRALITY OF THE TERRITORIES IN THE BASIN OF THE
CONGO; (4) NAVIGATION OF THE CONGO; (5) NAVIGATION OF
THE NIGER; AND (6) RULES FOR FUTURE OCCUPATION ON THE
COAST OF THE AFRICAN CONTINENT |
|
In the Name of God Almighty.
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| Her Majesty the Queen of the United Kingdom of Great
Britain and Ireland, Empress of India; His Majesty the
German Emperor, King of Prussia; His Majesty the Emperor
of Austria, King of Bohemia, etc, and Apostolic King of
Hungary; His Majesty the King of the Belgians; His
Majesty the King of Denmark; His Majesty the King of
Spain; the President of the United States of America;
the President of the French Republic; His Majesty the
King of Italy; His Majesty the King of the Netherlands,
Grand Duke of Luxemburg, etc; His Majesty the King of
Portugal and the Algarves, etc; His Majesty the Emperor
of all the Russias; His Majesty the King of Sweden and
Norway, etc; and His Majesty the Emperor of the
Ottomans,
WISHING, in a spirit of good and mutual accord, to
regulate the conditions most favourable to the
development of trade and civilization in certain regions
of Africa, and to assure to all nations the advantages
of free navigation on the two chief rivers of Africa
flowing into the Atlantic Ocean;
BEING DESIROUS, on the other hand, to obviate the
misunderstanding and disputes which might in future
arise from new acts of occupation (prises de possession)
on the coast of Africa; and concerned, at the same time,
as to the means of furthering the moral and material
well-being of the native populations;
HAVE RESOLVED, on the invitation addressed to them by
the Imperial Government of Germany, in agreement with
the Government of the French Republic, to meet for those
purposes in Conference at Berlin, and have appointed as
their Plenipotentiaries, to wit:
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|
[Names of plenipotentiaries not listed
here.]
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Who, being provided with full powers, which have
been found in good and due form, have successively
discussed and adopted:
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1. A Declaration relative to freedom of trade in the
basin of the Congo, its embouchures and circumjacent
regions, with other provisions connected therewith.
2. A Declaration relative to the slave trade, and the
operations by sea or land which furnish slaves to that
trade.
3. A Declaration relative to the neutrality of the
territories comprised in the Conventional basin of the
Congo.
4. An Act of Navigation for the Congo, which, while
having regard to local circumstances, extends to this
river, its affluents, and the waters in its system (eaux
qui leur sont assimilées), the general principles
enunciated in Articles CVIII and CXVI of the Final Act
of the Congress of Vienna, and intended to regulate, as
between the Signatory Powers of that Act, the free
navigation of the waterways separating or traversing
several States - these said principles having since then
been applied by agreement to certain rivers of Europe
and America, but especially to the Danube, with the
modifications stipulated by the Treaties of Paris
(1856), of Berlin (1878), and of London (1871 and 1883).
5. An Act of Navigation for the Niger, which, while
likewise having regard to local circumstances, extends
to this river and its affluents the same principles as
set forth in Articles CVIII and CXVI of the Final Act of
the Congress of Vienna.
6. A Declaration introducing into international
relations certain uniform rules with reference to future
occupations on the coast of the African Continent.
And deeming it expedient that all these several
documents should be combined in one single instrument,
they (the Signatory Powers) have collected them into one
General Act, composed of the following Articles: |
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CHAPTER I
DECLARATION RELATIVE TO FREEDOM OF
TRADE IN THE BASIN OF THE CONGO, ITS MOUTHS AND
CIRCUMJACENT REGIONS, WITH OTHER PROVISIONS CONNECTED
THEREWITH
Article I
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The trade of all nations shall enjoy complete
freedom-
1. In all the regions forming the basin of the Congo and
its outlets. This basin is bounded by the watersheds (or
mountain ridges) of the adjacent basins, namely, in
particular, those of the Niari, the Ogowé, the Schari,
and the Nile, on the north; by the eastern watershed
line of the affluents of Lake Tanganyika on the east;
and by the watersheds of the basins of the Zambesi and
the Logé on the south. It therefore comprises all the
regions watered by the Congo and its affluents,
including Lake Tanganyika, with its eastern tributaries.
2. In the maritime zone extending along the Atlantic
Ocean from the parallel situated in 2º30' of south
latitude to the mouth of the Logé.
The northern boundary will follow the parallel situated
in 2º30' from the coast to the point where it meets the
geographical basin of the Congo, avoiding the basin of
the Ogowé, to which the provisions of the present Act do
not apply.
The southern boundary will follow the course of the Logé
to its source, and thence pass eastwards till it joins
the geographical basin of the Congo.
3. In the zone stretching eastwards from the Congo
Basin, as above defined, to the Indian Ocean from 5
degrees of north latitude to the mouth of the Zambesi in
the south, from which point the line of demarcation will
ascend the Zambesi to 5 miles above its confluence with
the Shiré, and then follow the watershed between the
affluents of Lake Nyassa and those of the Zambesi, till
at last it reaches the watershed between the waters of
the Zambesi and the Congo.
It is expressly recognized that in extending the
principle of free trade to this eastern zone the
Conference Powers only undertake engagements for
themselves, and that in the territories belonging to an
independent Sovereign State this principle shall only be
applicable in so far as it is approved by such State.
But the Powers agree to use their good offices with the
Governments established on the African shore of the
Indian Ocean for the purpose of obtaining such approval,
and in any case of securing the most favourable
conditions to the transit (traffic) of all nations. |
| All flags, without distinction of nationality, shall
have free access to the whole of the coastline of the
territories above enumerated, to the rivers there
running into the sea, to all the waters of the Congo and
its affluents, including the lakes, and to all the ports
situate on the banks of these waters, as well as to all
canals which may in future be constructed with intent to
unite the watercourses or lakes within the entire area
of the territories described in Article I. Those trading
under such flags may engage in all sorts of transport,
and carry on the coasting trade by sea and river, as
well as boat traffic, on the same footing as if they
were subjects. |
| Wares, of whatever origin, imported into these
regions, under whatsoever flag, by sea or river, or
overland, shall be subject to no other taxes than such
as may be levied as fair compensation for expenditure in
the interests of trade, and which for this reason must
be equally borne by the subjects themselves and by
foreigners of all nationalities. All differential dues
on vessels, as well as on merchandise, are forbidden.
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Merchandise imported into these regions shall remain
free from import and transit dues.
The Powers reserve to themselves to determine after the
lapse of twenty years whether this freedom of import
shall be retained or not. |
No Power which exercises or shall exercise sovereign
rights in the abovementioned regions shall be allowed to
grant therein a monopoly or favour of any kind in
matters of trade.
Foreigners, without distinction, shall enjoy protection
of their persons and property, as well as the right of
acquiring and transferring movable and immovable
possessions; and national rights and treatment in the
exercise of their professions.
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|
PROVISIONS RELATIVE TO PROTECTION OF
THE NATIVES, OF MISSIONARIES AND TRAVELLERS, AS WELL AS
RELATIVE TO RELIGIOUS LIBERTY
Article VI
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| All the Powers exercising sovereign rights or
influence in the aforesaid territories bind themselves
to watch over the preservation of the native tribes, and
to care for the improvement of the conditions of their
moral and material well-being, and to help in
suppressing slavery, and especially the slave trade.
They shall, without distinction of creed or nation,
protect and favour all religious, scientific or
charitable institutions and undertakings created and
organized for the above ends, or which aim at
instructing the natives and bringing home to them the
blessings of civilization.
Christian missionaries, scientists and explorers,
with their followers, property and collections, shall
likewise be the objects of especial protection.
Freedom of conscience and religious toleration are
expressly guaranteed to the natives, no less than to
subjects and to foreigners. The free and public exercise
of all forms of divine worship, and the right to build
edifices for religious purposes, and to organize
religious missions belonging to all creeds, shall not be
limited or fettered in any way whatsoever. |
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POSTAL REGIME
Article VII
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| The Convention of the Universal Postal Union, as
revised at Paris 1 June 1878, shall be applied to the
Conventional basin of the Congo.
The Powers who therein do or shall exercise rights of
sovereignty or Protectorate engage, as soon as
circumstances permit them, to take the measures
necessary for the carrying out of the preceding
provision. |
|
RIGHT OF SURVEILLANCE VESTED IN THE
INTERNATIONAL NAVIGATION COMMISSION OF THE CONGO
Article VIII
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| In all parts of the territory had in view by the
present Declaration, where no Power shall exercise
rights of sovereignty or Protectorate, the International
Navigation Commission of the Congo, instituted in virtue
of Article XVII, shall be charged with supervising the
application of the principles proclaimed and perpetuated
(consacrés) by this Declaration.
In all cases of difference arising relative to the
application of the principles established by the present
Declaration, the Governments concerned may agree to
appeal to the good offices of the International
Commission, by submitting to it an examination of the
facts which shall have occasioned these differences.
|
| CHAPTER II
DECLARATION RELATIVE TO THE SLAVE TRADE
Article IX
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| Seeing that trading in slaves is forbidden in
conformity with the principles of international law as
recognized by the Signatory Powers, and seeing also that
the operations, which, by sea or land, furnish slaves to
trade, ought likewise to be regarded as forbidden, the
Powers which do or shall exercise sovereign rights or
influence in the territories forming the Conventional
basin of the Congo declare that these territories may
not serve as a market or means of transit for the trade
in slaves, of whatever race they may be. Each of the
Powers binds itself to employ all the means at its
disposal for putting an end to this trade and for
punishing those who engage in it. |
|
CHAPTER III
DECLARATION RELATIVE TO THE NEUTRALITY
OF THE TERRITORIES COMPRISED IN THE CONVENTIONAL BASIN
OF THE CONGO
Article X
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| In order to give a new guarantee of security to
trade and industry, and to encourage, by the maintenance
of peace, the development of civilization in the
countries mentioned in Article I, and placed under the
free trade system, the High Signatory Parties to the
present Act, and those who shall hereafter adopt it,
bind themselves to respect the neutrality of the
territories, or portions of territories, belonging to
the said countries, comprising therein the territorial
waters, so long as the Powers which exercise or shall
exercise the rights of sovereignty or Protectorate over
those territories, using their option of proclaiming
themselves neutral, shall fulfil the duties which
neutrality requires. |
| In case a Power exercising rights of sovereignty or
Protectorate in the countries mentioned in Article I,
and placed under the free trade system, shall be
involved in a war, then the High Signatory Parties to
the present Act, and those who shall hereafter adopt it,
bind themselves to lend their good offices in order that
the territories belonging to this Power and comprised in
the Conventional free trade zone shall, by the common
consent of this Power and of the other belligerent or
belligerents, be placed during the war under the rule of
neutrality, and considered as belonging to a
non-belligerent State, the belligerents thenceforth
abstaining from extending hostilities to the territories
thus neutralized, and from using them as a base for
warlike operations. |
| In case a serious disagreement originating on the
subject of, or in the limits of, the territories
mentioned in Article I, and placed under the free trade
system, shall arise between any Signatory Powers of the
present Act, or the Powers which may become parties to
it, these Powers bind themselves, before appealing to
arms, to have recourse to the mediation of one or more
of the friendly Powers.
In a similar case the same Powers reserve to
themselves the option of having recourse to arbitration.
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|
CHAPTER IV
ACT OF NAVIGATION FOR THE CONGO
Article XIII
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The navigation of the Congo, without excepting any
of its branches or outlets, is, and shall remain, free
for the merchant ships of all nations equally, whether
carrying cargo or ballast, for the transport of goods or
passengers. It shall be regulated by the provisions of
this Act of Navigation, and by the rules to be made in
pursuance thereof.
In the exercise of this navigation the subjects and
flags of all nations shall in all respects be treated on
a footing of perfect equality, not only for the direct
navigation from the open sea to the inland ports of the
Congo, and vice versa, but also for the great and small
coasting trade, and for boat traffic on the course of
the river.
Consequently, on all the course and mouths of the Congo
there will be no distinction made between the subjects
of riverain States and those of non-riverain States, and
no exclusive privilege of navigation will be conceded to
companies, corporations or private persons whatsoever.
These provisions are recognized by the Signatory Powers
as becoming henceforth a part of international law. |
The navigation of the Congo shall not be subject to
any restriction or obligation which is not expressly
stipulated by the present Act. It shall not be exposed
to any landing dues, to any station or depot tax, or to
any charge for breaking bulk, or for compulsory entry
into port.
In all the extent of the Congo the ships and goods in
process of transit on the river shall be submitted to no
transit dues, whatever their starting place or
destination.
There shall be levied no maritime or river toll based on
the mere fact of navigation, nor any tax on goods aboard
of ships. There shall only be levied taxes or duties
having the character of an equivalent for services
rendered to navigation itself, to wit:
1. Harbour dues on certain local establishments, such as
wharves, warehouses, etc, if actually used.
The tariff of such dues shall be framed according to the
cost of constructing and maintaining the said local
establishments; and it will be applied without regard to
whence vessels come or what they are loaded with.
2. Pilot dues for those stretches of the river where it
may be necessary to establish properly qualified pilots.
The tariff of these dues shall be fixed and calculated
in proportion to the service rendered.
3. Charges raised to cover technical and administrative
expenses incurred in the general interest of navigation,
including lighthouse, beacon and buoy duties.
The lastmentioned dues shall be based on the tonnage of
vessels as shown by the ship's papers, and in accordance
with the rules adopted on the Lower Danube.
The tariffs by which the various dues and taxes
enumerated in the three preceding paragraphs shall be
levied shall not involve any differential treatment, and
shall be officially published at each port.
The Powers reserve to themselves to consider, after the
lapse of five years, whether it may be necessary to
revise, by common accord, the abovementioned tariffs.
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The affluents of the Congo shall in all respects be
subject to the same rules as the river of which they are
tributaries.
And the same rules shall apply to the streams and river
as well as the lakes and canals in the territories
defined in paragraphs 2 and 3 of Article I.
At the same time the powers of the International
Commission of the Congo will not extend to the said
rivers, streams, lakes and canals, unless with the
assent of the States under whose sovereignty they are
placed. It is well understood, also, that with regard to
the territories mentioned in paragraph 3 of Article I
the consent of the Sovereign States owning these
territories is reserved. |
The roads, railways or lateral canals which may be
constructed with the special object of obviating the
innavigability or correcting the imperfection of the
river route on certain sections of the course of the
Congo, its affluents, and other waterways placed under a
similar system, as laid down in Article XV, shall be
considered in their quality of means of communication as
dependencies of this river, and as equally open to the
traffic of all nations.
And, as on the river itself, so there shall be collected
on these roads, railways and canals only tolls
calculated on the cost of construction, maintenance and
management, and on the profits due to the promoters.
As regards the tariff of these tolls, strangers and the
natives of the respective territories shall be treated
on a footing of perfect equality. |
There is instituted an International Commission,
charged with the execution of the provisions of the
present Act of Navigation.
The Signatory Powers of this Act, as well as those who
may subsequently adhere to it, may always be represented
on the said Commission, each by one delegate. But no
delegate shall have more than one vote at his disposal,
even in the case of his representing several
Governments.
This delegate will be directly paid by his Government.
As for the various agents and employees of the
International Commission, their remuneration shall be
charged to the amount of the dues collected in
conformity with paragraphs 2 and 3 of Article XIV.
The particulars of the said remuneration, as well as the
number, grade and powers of the agents and employees,
shall be entered in the returns to be sent yearly to the
Governments represented on the International Commission.
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| The members of the International Commission, as well
as its appointed agents, are invested with the privilege
of inviolability in the exercise of their functions. The
same guarantee shall apply to the offices and archives
of the Commission. |
The International Commission for the Navigation of
the Congo shall be constituted as soon as five of the
Signatory Powers of the present General Act shall have
appointed their delegates. And, pending the constitution
of the Commission, the nomination of these delegates
shall be notified to the Imperial Government of Germany,
which will see to it that the necessary steps are taken
to summon the meeting of the Commission.
The Commission will at once draw up navigation, river
police, pilot and quarantine rules.
These rules, as well as the tariffs to be framed by the
Commission, shall, before coming into force, be
submitted for approval to the Powers represented on the
Commission. The Powers interested will have to
communicate their views with as little delay as
possible.
Any infringement of these rules will be checked by the
agents of the International Commission wherever it
exercises direct authority, and elsewhere by the
riverain Power.
In the case of an abuse of power, or of an act of
injustice, on the part of any agent or employee of the
International Commission, the individual who considers
himself to be aggrieved in his person or rights may
apply to the consular agent of his country. The latter
will examine his complaint, and if he finds it prima
facie reasonable he will then be entitled to bring it
before the Commission. At his instance then, the
Commission, represented by at least three of its
members, shall, in conjunction with him, inquire into
the conduct of its agent or employee. Should the
consular agent look upon the decision of the Commission
as raising questions of law (objections de droit), he
will report on the subject to his Government, which may
then have recourse to the Powers represented on the
Commission, and invite them to agree as to the
instructions to be given to the Commission. |
The International Commission of the Congo, charged
in terms of Article XVII with the execution of the
present Act of Navigation, shall in particular have
power-
1. To decide what works are necessary to assure the
navigability of the Congo in accordance with the needs
of international trade.
On those sections of the river where no Power exercises
sovereign rights the International Commission will
itself take the necessary measures for assuring the
navigability of the river.
On those sections of the river held by a Sovereign Power
the International Commission will concert its action (s'entendra)
with the riparian authorities.
2. To fix the pilot tariff and that of the general
navigation dues as provided for by paragraphs 2 and 3 of
Article XIV.
The tariffs mentioned in the first paragraph of Article
XIV shall be framed by the territorial authorities
within the limits prescribed in the said Article.
The levying of the various dues shall be seen to by the
international or territorial authorities on whose behalf
they are established.
3. To administer the revenue arising from the
application of the preceding paragraph (2).
4. To superintend the quarantine establishment created
in virtue of Article XXIV.
5. To appoint officials for the general service of
navigation, and also its own proper employees.
It will be for the territorial authorities to appoint
sub-inspectors on sections of the river occupied by a
Power, and for the International Commission to do so on
the other sections.
The riverain Power will notify to the International
Commission the appointment of sub-inspectors, and this
Power will undertake the payment of their salaries.
In the exercise of its functions, as above defined and
limited, the International Commission will be
independent of the territorial authorities. |
| In the accomplishment of its task the International
Commission may, if need be, have recourse to the war
vessels of the Signatory Powers of this Act, and of
those who may in future accede to it, under reserve,
however, of the instructions which may be given to the
commanders of these vessels by their respective
Governments. |
| The war vessels of the Signatory Powers of this Act
that may enter the Congo are exempt from payment of the
navigation dues provided for in paragraph 3 of Article
XIV; but, unless their intervention has been called for
by the International Commission or its agents, in terms
of the preceding Article, they shall be liable to the
payment of the pilot or harbour dues which may
eventually be established. |
With the view of providing for the technical and
administrative expenses which it may incur, the
International Commission created by Article XVII may, in
its own name, negotiate loans to be exclusively
guaranteed by the revenues raised by the said
Commission.
The decisions of the Commission dealing with the
conclusion of a loan must be come to by a majority of
two-thirds. It is understood that the Governments
represented on the Commission shall not in any case be
held as assuming any guarantee, or as contracting any
engagement or joint liability (solidarité) with respect
to the said loans, unless under special Conventions
concluded by them to this effect.
The revenue yielded by the dues specified in paragraph 3
of Article XIV shall bear, as a first charge, the
payment of the interest and sinking fund of the said
loans, according to agreement with the lenders. |
At the mouth of the Congo there shall be founded,
either on the initiative of the riverain Powers, or by
the intervention of the International Commission, a
quarantine establishment for the control of vessels
passing out of as well as into the river.
Later on the Powers will decide whether and on what
conditions a sanitary control shall be exercised over
vessels engaged in the navigation of the river itself.
|
The provisions of the present Act of Navigation
shall remain in force in time of war. Consequently all
nations, whether neutral or belligerent, shall be always
free, for the purposes of trade, to navigate the Congo,
its branches, affluents and mouths, as well as the
territorial waters fronting the embouchure of the river.
Traffic will similarly remain free, despite a state of
war, on the roads, railways, lakes and canals mentioned
in Articles XV and XVI.
There will be no exception to this principle, except in
so far as concerns the transport of articles intended
for a belligerent, and in virtue of the law of nations
regarded as contraband of war.
All the works and establishments created in pursuance of
the present Act, especially the tax collecting offices
and their treasuries, as well as the permanent service
staff of these establishments, shall enjoy the benefits
of neutrality (placés sous le régime de la neutralité),
and shall, therefore, be respected and protected by
belligerents. |
|
CHAPTER V
ACT OF NAVIGATION FOR THE NIGER
Article XXVI
|
The navigation of the Niger, without excepting any
of its branches and outlets, is and shall remain
entirely free for the merchant ships of all nations
equally, whether with cargo or ballast, for the
transportation of goods and passengers. It shall be
regulated by the provisions of this Act of Navigation,
and by the rules to be made in pursuance of this Act.
In the exercise of this navigation the subjects and
flags of all nations shall be treated, in all
circumstances, on a footing of perfect equality, not
only for the direct navigation from the open sea to the
inland ports of the Niger, and vice versa, but for the
great and small coasting trade, and for boat trade on
the course of the river.
Consequently, on all the course and mouths of the Niger
there will be no distinction made between the subjects
of the riverain States and those of non-riverain States;
and no exclusive privilege of navigation will be
conceded to companies, corporations or private persons.
These provisions are recognized by the Signatory Powers
as forming henceforth a part of international law. |
The navigation of the Niger shall not be subject to
any restriction or obligation based merely on the fact
of navigation.
It shall not be exposed to any obligation in regard to
landing-station or depot, or for breaking bulk, or for
compulsory entry into port.
In all the extent of the Niger the ships and goods in
process of transit on the river shall be submitted to no
transit dues, whatever their starting place or
destination.
No maritime or river toll shall be levied based on the
sole fact of navigation, nor any tax on goods on board
of ships. There shall only be collected taxes or duties
which shall be an equivalent for services rendered to
navigation itself. The tariff of these taxes or duties
shall not warrant any differential treatment. |
| The affluents of the Niger shall be in all respects
subject to the same rules as the river of which they are
tributaries |
The roads, railways or lateral canals which may be
constructed with the special object of obviating the
innavigability or correcting the imperfections of the
river route on certain sections of the course of the
Niger, its affluents, branches and outlets, shall be
considered, in their quality of means of communication,
as dependencies of this river, and as equally open to
the traffic of all nations.
And, as on the river itself, so there shall be collected
on these roads, railways and canals only tolls
calculated on the cost of construction, maintenance and
management, and on the profits due to the promoters.
As regards the tariff of these tolls, strangers and the
natives of the respective territories shall be treated
on a footing of perfect equality. |
Great Britain undertakes to apply the principles of
freedom of navigation enunciated in Articles XXVI,
XXVII, XXVIII and XXIX on so much of the waters of the
Niger, its affluents, branches and outlets, as are or
may be under her sovereignty or protection.
The rules which she may establish for the safety and
control of navigation shall be drawn up in a way to
facilitate, as far as possible, the circulation of
merchant ships.
It is understood that nothing in these obligations shall
be interpreted as hindering Great Britain from making
any rules of navigation whatever which shall not be
contrary to the spirit of these engagements.
Great Britain undertakes to protect foreign merchants
and all the trading nationalities on all those portions
of the Niger which are or may be under her sovereignty
or protection as if they were her own subjects, provided
always that such merchants conform to the rules which
are or shall be made in virtue of the foregoing. |
| France accepts, under the same reservations, and in
identical terms, the obligations undertaken in the
preceding Articles in respect of so much of the waters
of the Niger, its affluents, branches and outlets, as
are or may be under her sovereignty or protection. |
| Each of the other Signatory Powers binds itself in
the same way in case it should ever exercise in the
future rights of sovereignty or protection over any
portion of the waters of the Niger, its affluents,
branches or outlets |
The arrangements of the present Act of Navigation
will remain in force in time of war. Consequently, the
navigation of all neutral or belligerent nationals will
be in all time free for the usages of commerce on the
Niger, its branches, its affluents, its mouths and
outlets, as well as on the territorial waters opposite
the mouths and outlets of that river.
The traffic will remain equally free in spite of a state
of war on the roads, railways and canals mentioned in
Article XXIX.
There will be an exception to this principle only in
that which relates to the transport of articles destined
for a belligerent, and considered, in virtue of the law
of nations, as articles contraband of war. |
|
CHAPTER VI
DECLARATION RELATIVE TO THE ESSENTIAL
CONDITIONS TO BE OBSERVED IN ORDER THAT NEW OCCUPATIONS
ON THE COASTS OF THE AFRICAN CONTINENT MAY BE HELD TO BE
EFFECTIVE
Article XXXIV
|
| Any Power which henceforth takes possession of a
tract of land on the coasts of the African continent
outside of its present possessions, or which, being
hitherto without such possessions, shall acquire them,
as well as the Power which assumes a Protectorate there,
shall accompany the respective act with a notification
thereof, addressed to the other Signatory Powers of the
present Act, in order to enable them, if need be, to
make good any claims of their own. |
| The Signatory Powers of the present Act recognize
the obligation to insure the establishment of authority
in the regions occupied by them on the coasts of the
African continent sufficient to protect existing rights,
and, as the case may be, freedom of trade and of transit
under the conditions agreed upon. |
|
CHAPTER VII
GENERAL DISPOSITIONS
Article XXXVI
|
| The Signatory Powers of the present General Act
reserve to themselves to introduce into it subsequently,
and by common accord, such modifications and
improvements as experience may show to be expedient.
|
The Powers who have not signed the present General
Act shall be free to adhere to its provisions by a
separate instrument.
The adhesion of each Power shall be notified in
diplomatic form to the Government of the German Empire,
and by it in turn to all the other signatory or adhering
Powers.
Such adhesion shall carry with it full acceptance of all
the obligations as well as admission to all the
advantages stipulated by the present General Act. |
The present General Act shall be ratified with as
little delay as possible, the same in no case to exceed
a year.
It will come into force for each Power from the date of
its ratification by that Power.
Meanwhile, the Signatory Powers of the present General
Act bind themselves not to take any steps contrary to
its provisions.
Each Power will address its ratification to the
Government of the German Empire, by which notice of the
fact will be given to all the other Signatory Powers of
the present Act.
The ratifications of all the Powers will be deposited in
the archives of the Government of the German Empire.
When all the ratifications shall have been sent in,
there will be drawn up a Deposit Act, in the shape of a
Protocol, to be signed by the representatives of all the
Powers which have taken part in the Conference of
Berlin, and of which a certified copy will be sent to
each of those Powers.
IN TESTIMONY WHEREOF the several plenipotentiaries
have signed the present General Act and have affixed
thereto their seals.
DONE at Berlin, the 26th day of February, 1885.
[Signatures not reproduced here.]
Congress of Berlin (1885), European Imperialism [core]
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