the convention which might be substituted for it, and to the stipulations of the treaty, France was to enjoy on the whole course of the Rhine included between the two extreme points of the French frontiers: (a) the right to take water from the Rhine to feed navigation and irrigation canals (constructed or to be constructed), or for any other purpose, and to execute on the German bank all works necessary for the exercise of such right; (b) the exclusive right to the power derived from works of regulation on the river, subject to payment to Germany of the value of half the power actually produced. Similarly, Belgium was accorded the right of taking water from the Rhine to feed the Rhine-Meuse navigable waterway for which the treaty made subsequent provision. The exercise of these rights of diversion of water was not, however, to interfere with navigability, or to reduce facilities for navigation, either in the bed of the Rhine or in the derivations which might be substituted therefor. Nor was it to involve any increase in the tolls formerly levied under the convention in force. All proposed schemes were to be laid before the Central Commission in order that it might assure itself that such conditions were complied with. Germany, moreover, in order to insure the proper and faithful execution of the foregoing provisions (a) and (b), bound herself not to undertake or to allow the construction of any lateral canal or any derivation on the right bank of the river opposite the French frontiers. Germany recognized the possession by France of the right of support on, and the right of way over all lands situated on the right bank which might be required in order to survey, to build, and to operate weirs, which France, with the consent of the Central Commission, might subsequently decide to establish.2 Switzerland, upon its demand, and with the approval of the Central Commission, was to enjoy the same rights for that part of the river forming her frontier with other riparian States. It was declared that subject to the preceding provisions,

1 Art. 358. The payment by France to Germany was to take into account the cost of the works necessary for producing the power, and was to be made either in money or in power, and in default of agreement, to be determined by arbitration. For this purpose France alone was to have the right to carry out in the part of the river mentioned, all works of regulation (weirs or other works), which she might consider necessary for the production of power.

2 In accordance with such consent, France was to be entitled to decide upon and fix the limits of the necessary sites, and was to be permitted to occupy such lands after a period of two months after simple notification, subject to the payment by her to Germany of indemnities of which the total amount was to be fixed by the Gentral Commission. Germany was to make it her business to indemnify the proprietors whose property was burdened with such servitudes or permanently occupied by the works. Art. 358.

3 Art. 358. Germany also agreed to hand over to the French Government,

no works were to be carried out in the bed or on either bank of the Rhine where it formed the boundary of France and Germany without the previous approval of the Central Commission or of its agents.1

It was agreed that should Belgium within twenty-five years from the coming into force of the treaty decide to create a deepdraft Rhine-Meuse navigable waterway, in the region of Ruhrort, Germany should be bound to construct, in accordance with plans communicated by Belgium, after agreement with the Central Commission, the portion of the waterway situated within German territory. The Belgian Government was, for such purpose, to have the right to carry out on the ground all necessary surveys. This navigable waterway was to be placed under the same administrative régime as the Rhine itself, and the division of the cost of initial construction, including indemnities, among the States crossed by the waterway, was to be made by the Central Commission.2

Germany agreed to offer no objection to any proposals of the Central Rhine Commission for the extension of its jurisdiction: (a) to the Moselle, below the Franco-Luxemburg frontier down to the Rhine, subject to the consent of Luxemburg; (b) to the Rhine above Basle up to the Lake of Constance, subject to the consent of Switzerland; (c) to the lateral canals and channels which might be established either to duplicate or to improve naturally navigable sections of the Rhine or the Moselle, or to connect two naturally navigable sections of those rivers, and also any other parts of the Rhine river system which might be covered by the General Convention for which provision was earlier made (in Article 338).3

during the month following the coming into force of the treaty, all projects, designs, drafts of concessions and of specifications concerning the regulation of the Rhine for any purpose whatever which might have been drawn up or received by the Government of Alsace-Lorraine or of the Grand Duchy of Baden.

1 Art. 359. According to Art. 360, France reserved the option of substituting herself as regards the rights and obligations resulting from agreements arrived at between the Government of Alsace-Lorraine and the Grand Duchy of Baden concerning the works to be carried out on the Rhine; and she was also permitted to denounce such agreements within a term of five years from the coming into force of the treaty.

2 Art. 361. It was declared that should Germany fail to carry out all or any of such works, the Central Commission should be entitled to carry them out instead; and for such purpose might decide upon and fix the limits of the necessary sites and occupy the ground after a period of two months after simple notification, subject to the payment of indemnities to be fixed by it and paid to Germany. Id.

3 Art. 362.

Clauses Giving to the Czecho-Slovak State the Use of Northern Ports. Arts. 363 and 364 comprised clauses providing for the lease by Germany to the Czecho

§ 179. Poland and the Vistula.

As the territory of the new Polish State embraced the country traversed by the Vistula, save that at the mouth of the river where it passed through that assigned to the Free City of Danzig, the Principal Allied and Associated Powers undertook (in the treaty of peace with Germany) to negotiate a treaty between the Polish Government and the City, with a view to insure to Poland the control and administration of the river, and enjoyment of the freest use thereof.1 Certain of these uses were specified, and manifested a design to remove every possible restriction which might otherwise prove an obstacle to uninterrupted navigation to and from the Baltic.

§ 180. General Results.

The foregoing arrangements of 1919, pertaining to navigation, presented certain significant aspects, of which the following may be noted:

(a) The privileges of inland navigation established in favor of the Allied and Associated Powers;

(b) The reëstablishment of free zones in ports of Germany; (c) The internationalization of important river systems and their appurtenances, for the benefit of non-riparian as well as riparian States;

(d) The placing of such waterways under the administration of commissions representative of both non-riparian and riparian

Slovak State for a period of ninety-nine years, of areas within the ports of Hamburg and Stettin, such areas to be placed under the régime of free zones, and to be used for the direct transit of goods coming from or going to that State. The delimitation of these areas, their equipment, exploitation, and in general all conditions for their utilization, including the amount of rental, was to be decided by a specified commission. Such conditions were regarded as susceptible of revision every ten years in the same manner. Germany agreed in advance to adhere to the decisions so taken.

1 Art. 104. The following were among the objects of the proposed treaty: "(1) To effect the inclusion of the Free City of Danzig within the Polish customs frontiers, and to establish a free area in the port;

"(2) To ensure to Poland without any restriction the free use and service of all waterways, docks, basins, wharves and other works within the territory of the Free City necessary for Polish imports and exports;

"(3) To ensure to Poland the control and administration of the Vistula and of the whole railway system within the Free City, except such street and other railways as serve primarily the needs of the Free City, and of postal, telegraphic and telephonic communication between Poland and the port of Danzig; (4) To ensure to Poland the right to develop and improve the waterways, docks, basins, wharves, railways and other works and means of communication mentioned in this Article, as well as to lease or purchase through appropriate processes such land and other property as may be necessary for these purposes.'

States; and the special application of this principle with respect to the Rhine and the Danube; 1

1

(e) The arrangement for a new régime under the General Convention to be drawn up by the Allied and Associated Powers and approved by the League of Nations, as well as the régime to be laid down for the Danube by the contemplated Conference of the Powers;

(f) The scope of the hydrotechnical privileges with respect to the Rhine, yielded to France and Switzerland;

(g) The obligation imposed upon Germany to make restitution and reparation to the European Commission of the Danube for damages inflicted upon it during the war.

(e)

International Streams of Africa

§ 181. The Congo. The Niger.

The General Act of the Berlin Conference of February 26, 1885, made significant application of the fundamental principles of the Congress of Vienna to the rivers Congo and Niger.2 With respect to both, it was provided that navigation of the stream and the affluents thereof, as well as of roads, railways, or lateral canals that might be constructed with the special view of obviating unnavigability or of correcting imperfections of a river route, should be and remain "free for the merchant ships of all nations equally, whether carrying cargo or ballast, for the transportation of both merchandise and passengers." The subjects and flags of all nations were treated on a footing of perfect equality "not only for the direct navigation from the open sea to the inland ports", and vice versa, "but also for the great and small coasting trade, and for the boat traffic along the course of the river." It was declared that throughout the courses and in the mouths of both the Congo and the Niger, no distinction should be made between the subjects

1 It may be noted that the United States was not to be represented on any of these commissions.

2 For the text of the General Act, see Brit. and For. State Pap., LXXVI, 4; also Senate Ex. Doc. No. 196, 49 Cong., 1 Sess., 297.

3 Chapter IV, embracing Arts. XIII to XXV, embodied an Act for the navigation of the Congo, while Chapter V, embracing Arts. XXVI to XXXV, made provision for the navigation of the Niger. Attention should also be

called to the preamble of the General Act and to Art. II thereof.

See the illuminating report of Baron de Courcel in behalf of the commission which drafted the instruments for the regulation of the navigation of the Congo and the Niger, Senate Ex. Doc. No. 196, 49 Cong., 1st Sess., 93; also protocol of the session of Nov. 15, 1884, of the Berlin Conference, id., 23.

of riparian States and those of non-riparian States, and that no exclusive privilege of navigation should be granted to any companies, corporations or private persons whatsoever. These provisions were, it was said, "recognized by the signatory powers as being henceforth a part of international law." With respect to both rivers it was declared that there should be levied no maritime or river toll based on the mere fact of navigation, nor any tax on goods aboard of ships, and that there should only be collected taxes or duties having the character of an equivalent for services rendered in navigation. Provision was also made for the neutralization of both streams in the event of war.2 With respect to the Congo an international commission was created and clothed with broad powers for the purpose of executing the provisions agreed upon.3

These liberal arrangements, and particularly those dealing with the Congo, were possible partly because the waters in question traversed territory of which the occupants were chiefly a native population unfamiliar with European civilization, and of which the sovereignty was not always lodged in an independent State recognized as such. Moreover, the commercial designs of the contracting Powers, as well as the welfare of the inhabitants concerned, were deemed to be enhanced rather than thwarted by the plan adopted. It was natural that under such circumstances broadest application of fundamental principles should have met with approval, and that they should have been supported by the

1 In certain other respects the provisions concerning the regulations for the navigation of the Congo were not identical with those relating to the Niger. 2 Arts. XXV and XXXIII. It is significant that Belgium at the outbreak of The World War in August, 1914, after its own territory had been invaded, was solicitous, for humanitarian reasons, that the field of hostilities should not extend to Central Africa, and that pursuant to Art. XI of the General Act of the Berlin Conference, European colonies within the basin of the Congo should be neutralized. Belgian Gray Book, Misc. No. 12 [1914], Cd. 7627, Nos. 57, 58, 59, 74, 75 and 76.

3 Arts. XVII-XXIV. The relation of Great Britain to Nigeria, traversed by the lower waters of the Niger, rendered inapplicable the establishment of an international commission for that river such as was designed for the Congo.

The Persian River Karun. In a note to the representatives of foreign Powers at Teheran, Oct. 30, 1888, the Persian Government announced that commercial steamers of all nations, without exception, besides sailing vessels which formerly navigated the Karun River, might undertake the transportation of merchandise in that river "from Muhammereh to the dyke at Ahvaz, but it is on the condition that they do not pass the dyke at Ahvaz upwards, as from the dyke upwards the river navigation is reserved to the Persian Government and its subjects, and the tolls which the Persian Government will organize shall be paid at Muhammereh. Such vessels are not to carry goods prohibited by the Persian Government, and vessels are not to stay longer than necessary for the unloading and loading of commercial loads." Brit. and For. State Pap., LXXIX, 781.