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Summary History of European Public Law/Geschiedenis van het Europees Publiekrecht - The Scheldt Issue

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The Scheldt Issue 2016-2017

Scheldt Issue: introduction




The vantage point (uitgangspunt) are the ‘actors’ of the international community.

1. In the Middle Ages and the Early Modern Times, there is diversity of actors at different
political layers (multilayers international community);

2. In the Early Modern Times and the 20th century, there is a quasi-monopoly of the State as
(only) actor, or ‘subject’ of international law (one exclusive sovereign);

3. From the 2nd half of the 20th century, there has been a breach (verbreking) of the quasi-
monopoly of the State: emergence (opkomst) of a new diversity of (recognised) actors in the
international community. These new recognised actors, besides the State, are:
o Supra-national actors;
o Infra-national actors;
o NGO (non-governmental organisations), multi-nationals etc.
The exclusive sovereignty is replaced again by the (new) multilayers international community.




From the end of the Middle Ages until the late 20th century/early 21st century, there are around four
‘moments’ of the historical development. The sovereignty is in every of those four moments different:
a very general development from multi-layered international community to an international
community reduced to State sovereigns and then back to a new multi-layered international
community. That’s the point of these four moments.



1

, 1. The Scheldt Issue at the end of the Middle Ages




Geographical context
The Scheldt Issue is about a conflict of the Estuary (that’s an area where rivers flow into the sea:
Zeeland) of the Rhine (Rijn), Meuse (Maas) and Scheldt (Schelde).

Under the Burgundian rule, navigation in the Scheldt Estuary became a political issue which was
repeatedly brought to the attention of the Duke’s Council. Geographical changes had affected its major
waterways. Traditionally, the Eastern Scheldt (referred to as the Scheldt, which clearly shows that it
was seen as the original and natural continuation of the Scheldt flowing from Antwerp had been the
main shipping route joining Antwerp to the sea. From the late-14th centry onwards, and increasingly
during the 15th century, the Honte or Western Scheldt became an attractive alternative for bigger
vessels, due to floods and the deepening of its channel. At the same time, the position of Bruges was
in decline and the Eastern Scheldt’s capacity was decreasing.

By the end of 16th century there were two estuaries: the Eastern Scheldt (the old waterway) and the
Western Scheldt, which is the only estuary today. You had to sail over the Western Scheldt to reach
the port (haven) of Antwerp.




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