Treaty of London (1839) - Iron Rhine

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 Ruhr. This right was reaffirmed in a 24 May 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 24 May 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.