Colonial law in the making: Sovereignty and property in the Congo Free State (1876–1908)

From its creation to the present day, jurists and historians have perceived the Congo Free State (CFS) as a special example of political sovereignty. As a ‘colony without Metropolis’ whose territorial basis was obtained through disputed treaties made in the name of geographical and philanthropic societies with almost no legal existence, it stands out at first sight as an anomaly in nineteenth century colonial State building. Yet, the Free State’s legal existence is largely rooted in other imperial experiences, and shares multiple common features with its colonial rivals. This article intends to show how, from H.M. Stanley’s first expeditions in the mouth of the Congo River (1876) to the creation of Belgian colony (1908), international law and foreign imperial rules were used as the very matrix of the CFS’s legal existence as a sovereign State. The particular history of the CFS’s quest for sovereignty and the creation of its land legislation not only offers a unique example of colonial law making, it also provides interesting outputs on colonial legislative processes, as well as general observations on the West’s territorial expansion in the nineteenth century