Treaty of London, 1839
Encyclopedia
The Treaty of London, also called the First Treaty of London or the Convention of 1839, was a treaty
signed on 19 April 1839 between the Europe
an great power
s, the United Kingdom of the Netherlands
and the Kingdom of Belgium. It was the direct follow-up of the 1831 'Treaty of the XXIV Articles' which the Netherlands had refused to sign. Under the treaty, the European powers recognized and guaranteed the independence and neutrality of Belgium
and confirmed the independence of the German speaking part of Luxembourg
. Its main historical significance was Article VII, which required Belgium to remain perpetually neutral
, and by implication committed the signatory powers to guard that neutrality in the event of invasion.
. With the treaty, the southern provinces of the Netherlands
became internationally recognized as the Kingdom of Belgium (which it was de facto since 1830), while the province of Limburg was split into Belgian and Dutch parts.
The same happened to the Grand Duchy of Luxemburg
which lost two-thirds of its territory to the new Province of Luxembourg
in what is termed the 'Third Partition of Luxembourg'. This left a rump Grand Duchy, covering one-third of the original territory and inhabited by one-half of the original population, in personal union
with the Netherlands, under King-Grand Duke
William I
(and subsequently William II
and William III
). This arrangement was confirmed by the 1867 Treaty of London, known as the 'Second Treaty of London' in analogy to the 1839 treaty, and lasted until the death of King-Grand Duke William III 23 November 1890.
Zeeuws-Vlaanderen
was detached from Belgium as well and became part of the Dutch province of Zeeland
because the Dutch did not want Belgium to have co-control of the Scheldt
estuary. In return they had to guarantee the free navigation on the Scheldt into the Port of Antwerp
.
. This right was reaffirmed in a May 24, 2005, ruling of the Permanent Court of Arbitration
in a dispute between Belgium and the Netherlands on the railway track.
In 2004 Belgium requested a reopening of the Iron Rhine. This is the result of the increasing transport of goods between the port of Antwerp and the German Ruhr Area
. As part of the European policy of modal shift on the increasing traffic of goods, transport over railway lines and waterways is preferred over road transport. The Belgian request was based on the treaty of 1839, and the Iron Rhine Treaty of 1873. After a series of failed negotiations, the Belgian and Dutch governments agreed to take the issue to the Permanent Court of Arbitration
and respect its ruling in the case.
In its ruling of May 24, 2005, the court acknowledged both the Belgian rights under the cessation treaty of 1839 and the Dutch concerns for the nature reserve. The 1839 treaty still applies, the court found, giving Belgium the right to use and modernize the Iron Rhine. However, it has to finance the modernization of the line, while the Netherlands have to fund the repairs and maintenance of the route. Both countries will split the costs of the construction of a tunnel beneath the nature reserve.
. The signatories of the treaty, the United Kingdom
, Austria
, France
, Prussia
, Russia
, and the Netherlands
, now officially recognised the independent Kingdom of Belgium, and at the United Kingdom's insistence agreed to its neutrality.
The treaty was an important document, especially in its role in bringing about World War I
. When the German Empire
invaded Belgium in August 1914 in violation of the treaty, the British declared war on August 4. Informed by the British ambassador that Britain would go to war with Germany over the latter's violation of Belgian neutrality, German Chancellor Theobald von Bethmann Hollweg exclaimed that he could not believe that Britain and Germany would be going to war over a mere 'scrap of paper' .
In reality, the German invasion led to Britain's decision to go to war for reasons that were felt in Britain to be more significant: it was considered inconceivable that Germany, with her expanding navy
, should be allowed to control Belgium's sea ports. On August 2, Kaiser William II
unsuccessfully asked General Moltke
to cancel the invasion in order to keep Britain out of the war.
The German armies also invaded Luxembourg
at the same time, whose neutrality had been guaranteed by the great powers under the Treaty of London (1867).
Treaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...
signed on 19 April 1839 between the Europe
Europe
Europe is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally 'divided' from Asia to its east by the watershed divides of the Ural and Caucasus Mountains, the Ural River, the Caspian and Black Seas, and the waterways connecting...
an great power
Great power
A great power is a nation or state that has the ability to exert its influence on a global scale. Great powers characteristically possess military and economic strength and diplomatic and cultural influence which may cause small powers to consider the opinions of great powers before taking actions...
s, the United Kingdom of the Netherlands
United Kingdom of the Netherlands
United Kingdom of the Netherlands is the unofficial name used to refer to Kingdom of the Netherlands during the period after it was first created from part of the First French Empire and before the new kingdom of Belgium split out in 1830...
and the Kingdom of Belgium. It was the direct follow-up of the 1831 'Treaty of the XXIV Articles' which the Netherlands had refused to sign. Under the treaty, the European powers recognized and guaranteed the independence and neutrality of Belgium
Belgium
Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
and confirmed the independence of the German speaking part of Luxembourg
Luxembourg
Luxembourg , officially the Grand Duchy of Luxembourg , is a landlocked country in western Europe, bordered by Belgium, France, and Germany. It has two principal regions: the Oesling in the North as part of the Ardennes massif, and the Gutland in the south...
. Its main historical significance was Article VII, which required Belgium to remain perpetually neutral
Neutral country
A neutral power in a particular war is a sovereign state which declares itself to be neutral towards the belligerents. A non-belligerent state does not need to be neutral. The rights and duties of a neutral power are defined in Sections 5 and 13 of the Hague Convention of 1907...
, and by implication committed the signatory powers to guard that neutrality in the event of invasion.
Territorial consequences
Since 1815, Belgium had been a part of the United Kingdom of the NetherlandsUnited Kingdom of the Netherlands
United Kingdom of the Netherlands is the unofficial name used to refer to Kingdom of the Netherlands during the period after it was first created from part of the First French Empire and before the new kingdom of Belgium split out in 1830...
. With the treaty, the southern provinces of the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
became internationally recognized as the Kingdom of Belgium (which it was de facto since 1830), while the province of Limburg was split into Belgian and Dutch parts.
The same happened to the Grand Duchy of Luxemburg
Luxembourg
Luxembourg , officially the Grand Duchy of Luxembourg , is a landlocked country in western Europe, bordered by Belgium, France, and Germany. It has two principal regions: the Oesling in the North as part of the Ardennes massif, and the Gutland in the south...
which lost two-thirds of its territory to the new Province of Luxembourg
Luxembourg (Belgium)
Luxembourg is the southernmost province of Wallonia and of Belgium. It borders on the Grand Duchy of Luxembourg, France, and the Belgian provinces of Namur and Liège. Its capital is Arlon, in the south-east of the province.It has an area of 4,443 km², making it the largest Belgian province...
in what is termed the 'Third Partition of Luxembourg'. This left a rump Grand Duchy, covering one-third of the original territory and inhabited by one-half of the original population, in personal union
Personal union
A personal union is the combination by which two or more different states have the same monarch while their boundaries, their laws and their interests remain distinct. It should not be confused with a federation which is internationally considered a single state...
with the Netherlands, under King-Grand Duke
King-Grand Duke
The designation of King-Grand Duke was held by the three monarchs of the House of Orange-Nassau that ruled Luxembourg and the Netherlands in personal union, between 1815 and 1890...
William I
William I of the Netherlands
William I Frederick, born Willem Frederik Prins van Oranje-Nassau , was a Prince of Orange and the first King of the Netherlands and Grand Duke of Luxembourg....
(and subsequently William II
William II of the Netherlands
William II was King of the Netherlands, Grand Duke of Luxembourg, and Duke of Limburg from 7 October 1840 until his death in 1849.- Early life and education :...
and William III
William III of the Netherlands
William III was from 1849 King of the Netherlands and Grand Duke of Luxembourg until his death and the Duke of Limburg until the abolition of the Duchy in 1866.-Early life:William was born in Brussels as son of William II of the Netherlands and...
). This arrangement was confirmed by the 1867 Treaty of London, known as the 'Second Treaty of London' in analogy to the 1839 treaty, and lasted until the death of King-Grand Duke William III 23 November 1890.
Zeeuws-Vlaanderen
Zeeuws-Vlaanderen
Zeelandic Flanders is the southernmost region of the province of Zeeland in south-western Netherlands. It lies south of the Western Scheldt that separates the region from the remainder of Zeeland to the north...
was detached from Belgium as well and became part of the Dutch province of Zeeland
Zeeland
Zeeland , also called Zealand in English, is the westernmost province of the Netherlands. The province, located in the south-west of the country, consists of a number of islands and a strip bordering Belgium. Its capital is Middelburg. With a population of about 380,000, its area is about...
because the Dutch did not want Belgium to have co-control of the Scheldt
Scheldt
The Scheldt is a 350 km long river in northern France, western Belgium and the southwestern part of the Netherlands...
estuary. In return they had to guarantee the free navigation on the Scheldt into the Port of Antwerp
Port of Antwerp
The port of Antwerp, in Belgium, is a port in the heart of Europe accessible to capesize ships. Antwerp stands at the upper end of the tidal estuary of the Scheldt. The estuary is navigable by ships of more than 100,000 Gross Tons as far as 80 km inland. The inland location means that the port...
.
Iron Rhine
The Treaty of London also guaranteed Belgium the right of transit by rail or canal over Dutch territory as an outway to the German RuhrRuhr
The Ruhr is a medium-size river in western Germany , a right tributary of the Rhine.-Description:The source of the Ruhr is near the town of Winterberg in the mountainous Sauerland region, at an elevation of approximately 2,200 feet...
. This right was reaffirmed in a May 24, 2005, ruling of the Permanent Court of Arbitration
Permanent Court of Arbitration
The Permanent Court of Arbitration , is an international organization based in The Hague in the Netherlands.-History:The court was established in 1899 as one of the acts of the first Hague Peace Conference, which makes it the oldest institution for international dispute resolution.The creation of...
in a dispute between Belgium and the Netherlands on the railway track.
In 2004 Belgium requested a reopening of the Iron Rhine. This is the result of the increasing transport of goods between the port of Antwerp and the German Ruhr Area
Ruhr Area
The Ruhr, by German-speaking geographers and historians more accurately called Ruhr district or Ruhr region , is an urban area in North Rhine-Westphalia, Germany. With 4435 km² and a population of some 5.2 million , it is the largest urban agglomeration in Germany...
. As part of the European policy of modal shift on the increasing traffic of goods, transport over railway lines and waterways is preferred over road transport. The Belgian request was based on the treaty of 1839, and the Iron Rhine Treaty of 1873. After a series of failed negotiations, the Belgian and Dutch governments agreed to take the issue to the Permanent Court of Arbitration
Permanent Court of Arbitration
The Permanent Court of Arbitration , is an international organization based in The Hague in the Netherlands.-History:The court was established in 1899 as one of the acts of the first Hague Peace Conference, which makes it the oldest institution for international dispute resolution.The creation of...
and respect its ruling in the case.
In its ruling of May 24, 2005, the court acknowledged both the Belgian rights under the cessation treaty of 1839 and the Dutch concerns for the nature reserve. The 1839 treaty still applies, the court found, giving Belgium the right to use and modernize the Iron Rhine. However, it has to finance the modernization of the line, while the Netherlands have to fund the repairs and maintenance of the route. Both countries will split the costs of the construction of a tunnel beneath the nature reserve.
Chiffon de papier
Belgium's de facto independence had been established through nine years of intermittent fighting, the Belgian RevolutionBelgian Revolution
The Belgian Revolution was the conflict which led to the secession of the Southern provinces from the United Kingdom of the Netherlands and established an independent Kingdom of Belgium....
. The signatories of the treaty, the United Kingdom
United Kingdom of Great Britain and Ireland
The United Kingdom of Great Britain and Ireland was the formal name of the United Kingdom during the period when what is now the Republic of Ireland formed a part of it....
, Austria
Austrian Empire
The Austrian Empire was a modern era successor empire, which was centered on what is today's Austria and which officially lasted from 1804 to 1867. It was followed by the Empire of Austria-Hungary, whose proclamation was a diplomatic move that elevated Hungary's status within the Austrian Empire...
, France
July Monarchy
The July Monarchy , officially the Kingdom of France , was a period of liberal constitutional monarchy in France under King Louis-Philippe starting with the July Revolution of 1830 and ending with the Revolution of 1848...
, Prussia
Kingdom of Prussia
The Kingdom of Prussia was a German kingdom from 1701 to 1918. Until the defeat of Germany in World War I, it comprised almost two-thirds of the area of the German Empire...
, Russia
Russian Empire
The Russian Empire was a state that existed from 1721 until the Russian Revolution of 1917. It was the successor to the Tsardom of Russia and the predecessor of the Soviet Union...
, and the Netherlands
Kingdom of the Netherlands
The Kingdom of the Netherlands is a sovereign state and constitutional monarchy with territory in Western Europe and in the Caribbean. The four parts of the Kingdom—Aruba, Curaçao, the Netherlands, and Sint Maarten—are referred to as "countries", and participate on a basis of equality...
, now officially recognised the independent Kingdom of Belgium, and at the United Kingdom's insistence agreed to its neutrality.
The treaty was an important document, especially in its role in bringing about World War I
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...
. When the German Empire
German Empire
The German Empire refers to Germany during the "Second Reich" period from the unification of Germany and proclamation of Wilhelm I as German Emperor on 18 January 1871, to 1918, when it became a federal republic after defeat in World War I and the abdication of the Emperor, Wilhelm II.The German...
invaded Belgium in August 1914 in violation of the treaty, the British declared war on August 4. Informed by the British ambassador that Britain would go to war with Germany over the latter's violation of Belgian neutrality, German Chancellor Theobald von Bethmann Hollweg exclaimed that he could not believe that Britain and Germany would be going to war over a mere 'scrap of paper' .
In reality, the German invasion led to Britain's decision to go to war for reasons that were felt in Britain to be more significant: it was considered inconceivable that Germany, with her expanding navy
Kaiserliche Marine
The Imperial German Navy was the German Navy created at the time of the formation of the German Empire. It existed between 1871 and 1919, growing out of the small Prussian Navy and Norddeutsche Bundesmarine, which primarily had the mission of coastal defense. Kaiser Wilhelm II greatly expanded...
, should be allowed to control Belgium's sea ports. On August 2, Kaiser William II
William II, German Emperor
Wilhelm II was the last German Emperor and King of Prussia, ruling the German Empire and the Kingdom of Prussia from 15 June 1888 to 9 November 1918. He was a grandson of the British Queen Victoria and related to many monarchs and princes of Europe...
unsuccessfully asked General Moltke
Helmuth von Moltke the Younger
Helmuth Johann Ludwig von Moltke , also known as Moltke the Younger, was a nephew of Field Marshal Count Moltke and served as the Chief of the German General Staff from 1906 to 1914. The two are often differentiated as Moltke the Elder and Moltke the Younger...
to cancel the invasion in order to keep Britain out of the war.
The German armies also invaded Luxembourg
Luxembourg
Luxembourg , officially the Grand Duchy of Luxembourg , is a landlocked country in western Europe, bordered by Belgium, France, and Germany. It has two principal regions: the Oesling in the North as part of the Ardennes massif, and the Gutland in the south...
at the same time, whose neutrality had been guaranteed by the great powers under the Treaty of London (1867).